San Antonio Child Custody Lawyer
Helping You Update Your Child Custody Orders in TX
After a divorce or separation, figuring out child custody and visits is one of the hardest things to settle. Because custody arrangements can be very different — and every case is different — having an experienced child custody lawyer in San Antonio on your side makes a big difference.
Types of Child Custody a San Antonio Child Custody Lawyer Handles
Under Texas law, a San Antonio judge can give two main types of child custody (also called Conservatorship) to a parent—Joint or Sole Managing Conservatorship.
If you are going through a custody fight, let our San Antonio child custody lawyers help you. Contact our law firm or call 210-308-6448 to set up your first meeting!
Full Custody in San Antonio
When working out their divorce, parents often say they want “full” custody. But in San Antonio, Texas, the laws about custody and visits do not use the word “full.” Texas breaks up parents rights into two main parts:
- Who makes the important decisions for your child?
- When do you have your child with you?
First, making choices for your child includes things like taking your child to the doctor, picking a teaching coach, or saying yes or no to getting married before 18. Choosing where your child will live is one of the biggest decisions. If you get to decide where your child lives, you often (but not always) get more time with your child. Usually, the other parent becomes the “non-primary” parent and gets visits with the child. Every child custody case is different, so sit down with Graham Family Law’s child custody lawyers in San Antonio to talk about your situation.
The second part is about when you and your ex see your child. You can set up visits in many ways to fit your family.
How Do San Antonio Courts Decide Child Custody?
Many times, parents can try to agree on custody together, so they do not have to go to court. If they can’t agree, then a judge steps in and makes the decision.
Texas courts want both parents to stay involved in their child’s life. They often set up joint custody if possible, even if one parent gets a few special rights. Still, if joint custody would be bad for the child or not in their best interest, a judge gives sole custody to one parent. The other parent usually still gets time with the child.
For example, a San Antonio judge may give sole custody if a parent has a history of being absent, drug or alcohol abuse, or violence. When choosing custody, the court looks at:
- Each parent’s ability to care for the child
- The child’s physical and emotional needs
- What the child wants
- Any possible risks or dangers
- How stable each home is
- Each parent’s plans for the child
Visitation rights — called “possession and access” — let a parent who doesn’t have custody spend time with their child. Parents can make their own schedule for visits, called a standard possession order, or the court will make one for them.
Understanding the Child Custody Process in TX with a San Antonio Child Custody Lawyer
Going through the child custody process can be painful, especially when feelings are running high. At Graham Family Law, we want you to understand every step in the process. From filing papers to showing up in court, knowing what to expect helps you plan better.
The main steps of the process are:
- First Meeting: Meet with our skilled lawyers to come up with a plan that fits your case.
- Filing Papers: We show you how to file all the needed paperwork.
- Mediation: We help you try to settle things without going to court.
- Court Hearings: We make sure you know what will happen in court and how to prepare.
- Final Orders: We explain what your new custody order means and what your rights are.
When you know what’s coming, you will feel more ready and sure of yourself as you fight for your child. We are with you at each step, ready to answer your questions and make sure you have a say.
Who is an Unfit Parent in Texas?
Texas law usually thinks joint custody is best for the child. But if a court finds one parent “unfit,” they give custody to the other parent or someone else.
A parent may be called unfit if they:
- Have problems with alcohol or drugs.
- Have abused or neglected the child.
- Do not want to be part of the child’s future.
- Do not keep a safe home.
Texas Standard Visitation for Non-Custodial Parents
If you did not get custody, understanding Texas laws for visits is the first step to spending time with your kids. To get through the court system more easily, work with a skilled San Antonio child custody lawyer.
In Texas, visiting time is called “possession.” The courts use a few types of possession orders to help children see the parent they don’t live with, such as:
- Standard
- Modified
- For kids under three
- Supervised
For most families, the most common plan is the Standard Possession Order. If parents live within 100 miles of each other, this is often what the judge uses. In these cases, the parent who doesn’t have custody usually gets to see their child:
- The first, third, and fifth weekends of each month
- Thursday nights during the school year
- Alternating holidays
- 30 days in the summer
If parents live more than 100 miles apart, the plan changes. The non-primary parent usually gets one weekend per month, no midweek visits, every spring break, and a longer block of 42 days in the summer.
If the normal schedule does not work or could put the child at risk, the court may give a Modified Possession Order. Sometimes, a judge may say visits must be overseen by someone else.
There are also special rules for kids under three. While a standard order can be used, parents can ask for a different plan if it fits the child’s needs—like if the child is still nursing.
Protecting Your Child’s Best Interests
At Graham Family Law, we know child custody cases can be hard. That’s why our caring lawyers put your child’s best interests first as they help you through the legal process.
The court looks at many factors to figure out what’s best for your child:
- How the child gets along with each parent
- The child’s age and needs
- Both parents’ health
- Each parent’s ability to provide a steady, loving home
- How willing each parent is to work with the other
These are important parts of your case. Our skilled lawyers guide you through the rules and help you make your case. We work hard to get an agreement that is good for you and your child.
Don’t go through child custody alone. Call Graham Family Law today to set up a meeting and talk about what you need with our experienced team.
Grandparent Visitation Orders in Texas
In Texas, grandmas and grandpas do not automatically have the right to visit their grandchildren. But even though the law does not guarantee this, they can still ask the court for visits.
Courts may allow it if:
- The parents are divorced
- The parent who has the child has abused or neglected them
- The parent is in jail, cannot take care of the child, or has died
- The child has lived with the grandparents at least six months
But if the child has been adopted by someone who isn’t a step parent, grandmas and grandpas usually cannot ask for visits. If you have questions about this, talk to our San Antonio, Texas, Grandparents’ rights lawyers for help!
Understanding Mediation in Child Custody Cases
Child custody fights can be tough. Luckily, mediation is a way for parents to work together to find a solution. Mediation lets you and the other parent make choices while focusing on your kids.
Mediation gives you:
- Lower Costs: Mediation often costs less than a court case.
- Faster Solutions: Parents usually settle things quicker, so there’s less stress.
- More Control: You make the plan that works for your family, not the judge.
- Better Co-Parenting: Working together helps you and your ex build a better relationship, which is good for your child.
At Graham Family Law, we know every family is different. So, our team will help you through each part of mediation and make sure your voice is heard as you look out for your child.
Common Myths About Child Custody in Texas
Child custody battles can be painful, and there’s a lot of bad information out there. Let’s clear up some common myths about child custody in Texas so you have a better idea of what you’re facing.
- Myth: Moms always get custody.
Fact: Texas law puts kids first. Judges don’t pick based on genders.
- Myth: The child gets to choose who they live with.
Fact: While a mature child’s wishes matter, the judge will look at every detail to decide what’s best for the child.
- Myth: Paying child support means you get custody.
Fact: Child support and custody are two different things. Paying or getting support doesn’t give or take away custody rights.
- Myth: Only parents can get custody.
Fact: Sometimes, other family or close friends can ask for custody if they are close to the child and can show it’s needed.
- Myth: Custody orders cannot change.
Fact: Custody plans can change if there’s a big shift that affects the child.
Knowing these facts helps you feel more in control. If you have questions about the law or want to know more about your options, call the Graham Family Law team. We’re ready to give you answers and support.
Getting Ready for Your Child Custody Consultation
Choosing the right lawyer for your custody case is key to getting the best outcome. To get the most from your first meeting with Graham Family Law, make sure to:
- Gather Papers: Bring anything important, like old custody agreements, court papers, or info about your child’s life.
- Know Your Goals: Decide what you want, like shared custody, primary custody, or certain visiting rights.
- Think About Your Child: Consider their everyday life, school, and after-school activities, so we can help make the right plan.
- Write Down Your Questions: Prepare any questions about the process or your rights, plus worries you have about your co-parent.
Being prepared means your first meeting will be more useful, and we can build a clear plan with you. We’re here to guide you and help you move forward.
How a Child Custody Attorney Helps You
Custody battles are full of details. With our experienced lawyers, you get the help you need to focus on your child and keep your rights safe.
Here’s what we do:
- Clear Advice: Child custody laws are different in every state. We give simple, honest advice that fits your needs, so you know what your rights are and what to expect.
- Help in Court: If you go to court, you want a strong lawyer by your side. We show the judge your side, ask the right questions, and argue for you.
- Great Negotiation: Most cases settle before trial. We work to get you a deal that works for you and avoids the stress of court.
- Paperwork: Custody cases need lots of paperwork. We fill everything out right and get it in on time, to avoid problems.
- Protecting Your Rights: We always stand up for you. If your situation changes, we help fix your orders, too.
- Support and Guidance: Custody fights can be hard. We give you clear advice to make things easier on you.
- Helpful Connections: We work with child experts who can help make your case stronger.
The Best Representation for Your Custody Case in San Antonio, TX
Whether you are thinking about divorce or have split up with your child’s other parent, sorting out custody is a big step. A written plan helps protect you and your child and makes things easier.
Custody battles can be painful. Graham Family Law’s experienced child custody lawyers in San Antonio, TX, are here to guide you and share helpful advice.
If you need a lawyer for your case, contact our San Antonio Child Custody lawyers at 210-308-6448 for a meeting.
