mom carrying son

CHILD

CUSTODY LAWYER

When parents divorce, one of the most difficult things to agree on is custody of the children.

If you’re facing a child custody battle, it’s important to have an experienced San Antonio attorney on your side who knows the law and can help you get the best possible outcome for you and your children.

Wilson Brown Law offers compassionate, knowledgeable legal representation in child custody disputes. We’ll work tirelessly to get you the results you need and deserve. Contact us today for a free consultation.

CHILD

CUSTODY LAWYER

mom carrying son

When parents divorce, one of the most difficult things to agree on is custody of the children.

If you’re facing a child custody battle, it’s important to have an experienced San Antonio attorney on your side who knows the law and can help you get the best possible outcome for you and your children.

Wilson Brown Law offers compassionate, knowledgeable legal representation in child custody disputes. We’ll work tirelessly to get you the results you need and deserve. Contact us today for a free consultation.

Frequently Asked

Questions (FAQs)

FREQUENTLY ASKED

QUESTIONS (FAQs)

What does child “custody” mean in Texas?

The term “custody” is not typically used in Texas law. Instead, legal documents refer to “conservatorship.” Regardless of the terminology used, each situation is looked at on a case-by-case basis.

A parent is rarely given the authority to keep the children from the other parent completely. However, in some instances, one parent is given the power to make all decisions regarding the children – including where the children will live. In other cases, the parents must live close to each other, and the decision-making is shared.

What is “standard visitation” in Texas?

If both parties cannot agree on a visitation schedule, a judge must decide. Texas Judges use the Texas Standard Possession Order or SPO, a detailed document outlining visitation matters. A Judge may deviate from the SPO, but they must always consider it first.

When will I be able to see my kids?

The policies set by the State of Texas encourage frequent contact between a child and each parent to develop a close and continuing relationship. For that reason, a “standard possession order” is typically awarded. The standard possession order varies depending on how far apart the parents live. 

Here’s what a standard possession order looks like for parents living closer than 100 miles from each other:

  • The first, third, and fifth weekend of each month
  • Thursday nights
  • Every other year for spring break
  • Thirty days in the summer
  • 1/2 of Winter Break
  • Alternating years for Thanksgiving
  • At least two hours in the evening on the child’s birthday
  • Father’s Day Weekend for Fathers 
  • Mother’s Day Weekend for Mothers

How is custody typically handled?

Unless there is a history of family violence, there is a presumption that parents will serve as the Joint Managing Conservators of their children. 

However, it is essential to realize that Joint Managing Conservatorship does not mean that each parent has the children half the time. It also doesn’t mean that child support won’t be awarded.

To determine what custody arrangement the Texas court is likely to order in your situation, contact an experienced family law attorney in San Antonio.

Who makes the critical decisions about the kids after a divorce in Texas?

The Texas Family Code has sections about the rights and duties of the parents. The rights and responsibilities can be awarded to one parent or shared equally.

This means that one or both parents can be given the right to decide the child’s primary residence. A judge can also determine who can make medical and educational decisions.

Can my child decide where they live?

The court will not let the child choose where they reside. However, the court may hear a child’s preference during the original proceeding or upon a motion for modification.

Even if the court interviews the child regarding their preferences, it is still at the court’s discretion to determine their best interest.

Can child custody be modified months or years later?

Texas courts prefer that the parents agree to the custody and visitation of the children. However, if no agreement is reached, the court will issue an order based on what is “the best interest of the child.” 

There are a lot of factors that are considered, including the unique needs of the child and any other relevant factors – which may change over time.

SCHEDULE YOUR FREE

SCHEDULE YOUR FREE

CONSULTATION

CONSULTATION

Hire an experienced child custody lawyer in San Antonio today. Wilson Brown Law will represent you with skill and dedication to get the best possible outcome for your situation: 210-681-6353.

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