Protecting Your Rights And Children In Custody Cases
When family changes require setting up a custody arrangement, the stakes can feel very high. Your rights as a parent and the well-being of your children hang in the balance.
At The Law Office of Lisa A. Vance, P.C., we know how important it is to protect our loved ones, especially children. Our child custody lawyers in San Antonio help parents during critical junctures like divorce, separation, paternity or other family law situations.
We are just as devoted to clients as they are to their children. We strive to create custody agreements, not custody battles. We empower our clients to pursue the most peaceful and effective ways to craft effective custody arrangements.
Passionately Protecting The Best Interests Of Your Child
In any custody dispute, Texas courts put the best interests of the child first. At The Law Office of Lisa A. Vance, so do we. With decades of family law experience, our team has helped diverse clients resolve custody issues through skillful negotiation in collaborative settings as well as in court. We handle initial custody determinations as well as modifications, relocations and enforcement of existing orders.
Types Of Custody Arrangements
Texas courts typically appoint both parents as conservators – that is, legal decision-makers. Depending on the case, they might order a joint managing conservatorship or a sole managing conservatorship. Here is a brief description of each of these scenarios:
- Joint managing conservator/custody: Both parents are responsible for making important life decisions for their child, including medical care, religion and education. The children often have a primary residence – a home they stay at more often than another. The other parent will have visitation time. In a joint managing conservatorship, each parent generally has a large role in determining custody details.
- Sole managing conservator/custody: In this type of arrangement, only one parent will be responsible for making important life decisions for the child. They have primary custody as the custodial parent with whom the child will reside with after the custody case has concluded. The other parent (noncustodial parent) will typically be granted visitation through a parenting time schedule.
Turn to our attorneys for help pursuing a custody plan that gives you and your child every chance to build a strong, positive and lasting relationship.
Factors Impacting Child Custody And Visitation In Texas
In determining custody arrangements, courts must take into account various factors to craft a beneficial outcome for the child’s well-being and development. Here are some key factors that impact these decisions:
- Parental abilities: The court assesses each parent’s ability to provide a safe and stable environment.
- Parent-child relationship: The quality of the child’s relationship with each parent is a relevant factor.
- Parental stability: Factors such as employment stability, mental health and community ties are important.
- Emotional and physical needs: The custody arrangement must take into account the child’s emotional and physical needs, including any disabilities or medical conditions.
- Safety and welfare: Any history of domestic violence or abuse can significantly affect custody rulings. So, too, can a history of substance abuse or chemical dependency.
- The child’s wishes: Depending on their age and maturity level, the child’s preferences may carry weight.
- Sibling relationships: Courts generally prefer not to separate siblings and consider the importance of maintaining these familial bonds.
Courts must uphold the child’s best interests through careful examination of all relevant factors. As a parent navigating the custody process, you can benefit tremendously from the guidance of our legal team. We can address the considerations that will impact your custody outcome.
Visitation Rights
Visitation rights can be granted so that a noncustodial parent has time with the child. Supervised visits are often used if there is a safety-related reason. Visitation can also be helpful if one parent travels often and can’t have full custody, but still wants to maintain a relationship with the child. Visitation allows for shared parenting time, even when the split is not 50/50 custody.
Alternative custody agreements are often used when they are in the child’s best interests. Custodial parents must follow the relations in the custody agreement and allow proper visitation. If supervision is used – if the noncustodial parent has a record of drug abuse violations, for instance – the court may specify who should supervise. It may be the custodial parent, a grandparent or a social worker, depending on the circumstances.
Child Custody Modifications
Modifications can be made by the court, such as when one parent needs to relocate and requests a new custody schedule. Do not make modifications without court approval; for instance, do not deny custody rights over missed child support payments. Request the modification first, provide good-faith reasons and abide by standing court orders.
Frequently Asked Questions
Here are a few of the questions our clients ask most often:
● How long do custody agreements last?
They generally last until the child graduates high school and/or turns 18.
● Do I need a custody agreement if I was never married?
Yes, custody can also be divided for children of unmarried parents.
● Does each child need an individual custody agreement?
Multiple children can usually be included in the same custody order unless there are differences for each child.
● What happens if my ex doesn’t show up for their custody days?
You may be able to request a custody modification from the court.
● Can child custody agreements be different for the school year and the summer?
Yes, a custody order should have provisions for summer, holidays, etc.
If you have further questions, our experienced team is here to help.
Address Your Custody Situation With Peace Of Mind
Determining child custody and visitation rights can be one of the most sensitive aspects of a divorce proceeding. We are here to support you and your children. To reach our office in San Antonio, Texas, call 210-265-6277 or contact us online. Spanish translation services are available upon request.