San Antonio Child Custody Lawyer

Going through a child custody case can be an overwhelming experience, but you don’t have to face it alone. Our San Antonio child custody attorneys at Prince Contreras PLLC offer legal guidance and compassionate advocacy to protect your parental rights and ensure everyone is acting in the interest of the children.

With a deep understanding of Texas family law and a commitment to personalized care for each and every one of our clients, we’re confident we can provide the right solution for your child custody case. If you’re ready to take the next step, call Prince Contreras PLLC at 210-227-7821 to schedule a free consultation with a trusted member of our team. In the meantime, here’s what’s helpful to know about child custody law in San Antonio.

Child Custody In San Antonio, TX

Custody cases can raise a number of concerns for parents, especially when it comes to managing shared custody arrangements. These cases only get more and more complicated when you consider the unique factors each case can bring to the table, such as the proximity of the parents’ residences and whether or not custody must cross state lines.

The bottom line in custody cases is to act in the best interest of the child. And the Texas courts aim to do just that. It’s important to present a case that demonstrates your ability to provide for your child, so you can retain your rights over them. A child custody lawyer from Prince Contreras PLLC can evaluate your situation and bolster your case.  

Legal vs. Physical Custody

When it comes to the rights parents have over their children, the law typically distinguishes between physical custody and legal custody. Physical custody refers to a parent’s right to the everyday care of their child and determines where the child is legally allowed to reside. 

Legal custody, on the other hand, refers to a parent’s rights to make decisions about their child’s life. This includes things like their:

• Education
• Health care
• Religious upbringing

Legal and physical custody are two sides of the same coin. In most situations, Texas law presumes both parents retain both types of rights over their child or children. This is known as a joint conservatorship.

Joint vs. Sole Conservatorships

A joint conservatorship is the most common arrangement between co-parents. This type of arrangement involves determining a schedule for when the child lives with each parent. Parents can agree on their own unique terms, or they can file with the court to have a judge make a final decision.

There are situations where one parent may be named a sole managing conservator. This is typically more common in cases where one parent was abusive or is considered to be dangerous. Custody cases determine the amount of time each parent gets with a child as well as the rights they retain over them in situations where the parents are separating from one another. 

Child Support and Visitation

In situations where one parent is awarded sole conservatorship, it’s necessary to determine the other parent’s access, commonly known as visitation, to the child. In many cases, the court follows a Standard Possession Order, which outlines a default schedule for parenting time that can be modified to fit the family’s needs. 

Additionally, the parent who retains full rights of the child can also be awarded child support. When courts calculate child support costs, they typically look at covering:

• Clothing
• Daycare
• Food
• Housing
• Supplies

The Child Support Division in Texas works with community and state organizations to serve families throughout the state. It’s important to note that only a court can approve or modify your custody agreement.

Determining Child Custody In San Antonio

Custody agreements usually happen as a result of the parents separating. It is one of the most important parts of a divorce case and can be contentious. It’s important to have a seasoned child custody attorney on your side to defend your rights and those of your child. Our legal team at Prince Contreras PLLC has years of experience navigating the San Antonio family law courts and working with other family law attorneys. We use that knowledge on behalf of our clients every day.

Negotiations vs. Litigation

It’s possible for two parents to negotiate a custody agreement and then have that decision approved by the court. Positive negotiations make it possible to create more unique terms for your custody arrangement because you’re essentially drawing up the agreement yourselves. This is generally seen when both parents are willing to work together for the interest of their child.

Sometimes, it can be difficult to come to an agreement with your spouse, especially if you’re not on good terms. If negotiations are not going well, you can opt for arbitration instead. This brings a neutral third party into the conversation to oversee negotiations and help to make a legally binding decision.

When all else fails, litigation is an option. A court can make a final decision about your custody agreement. A San Antonio child custody lawyer can represent you through the court matters, so you don’t have to stress over complex legal proceedings on your own.

Can a Child Decide Where to Live?

Ultimately, custody arrangements are determined in the interest of the child. When courts approve agreements or outline the terms on their own, they evaluate every factor of the situation that impacts the child’s future livelihood. This includes both parents’:

• Criminal histories
• Financial situations
• Involvement in the child’s life
• Living conditions
• Relationships with the child

Once a child has turned 12 years or older, the court takes their preference into serious consideration in custody matters. While this doesn’t necessarily mean they are going to honor the child’s wishes, it may sway their decision.

[Related: How Important Are A Child’s Wishes in A Texas Custody Case?]

Grandparents’ Rights Over Grandchildren in San Antonio

At Prince Contreras PLLC, we have experience navigating the rights of grandparents to seek custody or visitation, too. Grandparents can face unique challenges when it comes to asserting their rights over their grandchildren, depending on the situation. They may become eligible to request custody or visitation if a parent:

• Dies
• Doesn’t have possession of the child
• Is found to be incompetent
• Is incarcerated

However, grandparents generally cannot seek visitation if both biological parents have had their rights terminated or if the child has been adopted by someone other than a stepparent.

The process can look a little different for establishing custody and visitation for grandparents versus parents, which is why it’s helpful to retain legal counsel who understands the nuances of your unique situation. Our experienced lawyers at Prince Contreras PLLC are ready to assist you, whatever your circumstances.

Benefits of Working With an Attorney

You’re not obligated to work with a child custody lawyer in San Antonio when determining custody. While it’s entirely possible to go through the process on your own, it’s not necessary to put yourself through that stress. A child custody lawyer can handle any number of tasks throughout your case, so you don’t have to worry.

Our attorneys at Prince Contreras PLLC have experience working on all types of unique child custody cases. We’ve helped our clients by:

• Drafting legal documents
• Ensuring compliance with Texas family laws
• Modifying custody agreements
• Navigating visitation rights and schedules
• Negotiating agreements through mediation or arbitration
• Offering advice and legal guidance
• Representing them in court if necessary
• Setting up child support agreements

With a knowledgeable San Antonio child custody attorney on your side, you can have the fullest understanding of your situation and determine the right course of action for both you and your child. Plus, an attorney can also help if you wish to modify existing custody arrangements in the future, so you can continue acting in the interest of your child as your life continues to evolve.

[Related: How Can I Modify My Child Custody Agreement in San Antonio?]

Frequently Asked Questions

What Factors Do San Antonio Courts Consider When Determining Child Custody?

When it comes to determining custody, the courts are always going to act in the best interest of the child. When reviewing a case, you can expect them to look at all the factors that could impact the child’s health and well-being. 

They typically investigate things like any criminal history, each parent’s relationship with the child, and who the primary caregiver was during the marriage. They also take finances and living situations into account.

Moreover, if the child is over 12 years old, they have a chance to express their feelings on where they want to live. The court does not have to grant their wish, but it can provide valuable context to help them make a final decision.

Is it Possible to Get Sole Custody Over My Child in a Divorce in San Antonio?

The most common presumption under Texas law is that both parents retain joint conservatorship over their child. This means that both parents can make decisions regarding the child’s education, upbringing, and general welfare, and the children can reside in their home. Under certain circumstances, it is possible to win sole conservatorship over your child. 

Sole conservatorship is most often awarded in situations where one parent has proven they are a risk to the child or simply that they don’t have the capacity to care for them. If one parent is awarded sole conservatorship, a part of the proceedings is likely going to be about determining access to the child, more commonly known as visitation, for the other parent.

Do I Have to Work With a Child Custody Lawyer in San Antonio?

You’re not obligated to seek legal counsel for a custody case in San Antonio. Working with a local child custody lawyer can only improve your case. In some cases, you may need to file a Suit Affecting the Parent-Child Relationship (SAPCR) or pursue termination of the other parent’s rights, depending on the facts of your case. 

Determining custody can be an emotional process, and having a legal professional in your corner can help you by reviewing possible scenarios that might come up in litigious negotiations.

It can be beneficial to work with a custody attorney even in situations where both parents are in agreement on the terms of the custody agreement. They can offer advice on terms to include in your arrangement to avoid issues down the road and can help navigate any potential challenges along the way.

How Much Does It Cost to Work With a Child Custody Lawyer in San Antonio?

The cost of working with a custody lawyer can vary greatly depending on the services you need and how complex your case gets. Some custody lawyers may charge a flat fee, while others may charge hourly. Others still may require a retainer fee. 

It’s important to do your research to choose one that is not only within your price range but also offers the specific services you need. The good news is you can typically set up a consultation to learn all this and even get a quote. At Prince Contreras PLLC, we can do this initial appointment for free.

Can a Parent Refuse Access to the Child if the Other Parent Isn’t Paying Child Support?

Unfortunately, you cannot simply keep your child away from their other parent simply because they are not paying child support. It is, however, possible to hold them accountable to ensure you get the financial support you were ordered. 

You can do this by filing a motion for contempt and asking the court to enforce the order. In some cases, you may be able to start collecting payments directly from their paychecks to take the burden off you.

Connect With a Custody Lawyer to Discuss Your Case

If you’re getting ready to navigate a child custody case, consider seeking legal counsel from an attorney. You don’t have to handle this complex process on your own. At Prince Contreras PLLC, our goal is to help you secure a favorable outcome for both you and your child. 

We are proud to offer comprehensive legal representation and personalized attention to each of our clients. Our team of experienced family law attorneys has assisted with various types of adoptions and other family law cases regarding children, so we’re confident we can provide the care you need.

Whether it’s custody disputes, paternity matters, or divorce proceedings, our lawyers are committed to securing a favorable outcome for you while protecting your child’s well-being. Our attorneys have got your back every step of the way. Call Prince Contreras PLLC today at 210-227-7821 to set up your free consultation.

Additional Resources

How does Texas encourage co-parenting after divorce?

How to implement a co-parenting plan the right way