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CHILD CUSTODY SAN ANTONIO

Helping You
Navigate Custody
In San Antonio

CHILD CUSTODY SAN ANTONIO

Helping You
Navigate Custody
In San Antonio

Child Custody in San Antonio

San Antonio child custody cases, also known as conservatorship cases, are among the most difficult family law matters to navigate. This is because these cases involve some of the most important people in your life, your children. Due to this, it is common for emotions to run high in San Antonio child custody cases. Our compassionate child custody lawyers understand what is at stake in child custody cases and are here to guide you through this arduous time to make the best decisions for you and your family.

 

Custody cases reshape a family.  As our experienced San Antonio child custody attorneys work through what the future looks like for our clients, we keep the word “family” in mind to focus us on the children. Our attorneys are empathetic to the difficult nature of these cases and provide valuable information so that you can keep your children’s best interests at the forefront of your custody matter. It is our belief that the more we can educate about your child custody case, the better you will be able to deal with this stressful and emotional process. Speak with one of our San Antonio child custody attorneys today and start making informed decisions about your family’s future.

How Does Child Custody “Conservatorship”
Work In San Antonio?

In San Antonio, the legal term used to refer to child custody is conservatorship. A parent who has been granted conservatorship rights of their children maintains both physical and legal custody. Physical custody allows the parent to decide where their children live. Legal custody encompasses decisions about the children’s religion, schools they attend, extracurriculars they participate in, medical treatment, and more.

 

There are three types of conservatorship rights in San Antonio custody cases. Depending on the type of conservatorship that is granted will determine whether both parents have rights over their children or if rights are given exclusively to one parent. Explanations of each type of conservatorship are provided below.

Under the Texas Family Code, joint managing conservators share the parental rights and responsibilities of their children. This type of conservatorship can either be agreed upon by both parties or be put in place by a court order.

 

In general, the law presumes that it is in the best interest of the children to have an ongoing relationship with both parents. Due to this, it is often the opinion of a San Antonio judge to lean towards ordering a joint managing conservatorship.

 

Once a joint managing conservatorship has been granted, it doesn’t mean the children will divide equal time with each parent. While the rights and responsibilities are shared, it may not necessarily mean that it is practical or best for the children to split equal time with both parents. For example, the responsible parties may decide to have the children spend most of their time in one household as transitioning back and forth causes too much instability and stress in the childrens lives.

In some instances, a  judge may decide that it isn’t in the children’s best interest for both parents to share conservatorship. When this scenario arises the judge will name one of the parents, or if both parents are deemed unfit a non-parent, as the sole managing conservator. 

 

There are several reasons that may be present in a family that could lead a judge to appoint a sole managing conservator. These include but are not limited to proof of violence by a parent, alcohol or drug abuse, and child abuse or neglect. When a sole managing conservator has been appointed that individual obtains the exclusive right to make most decisions about the children involved. 

In San Antonio, generally, if one parent is named the sole managing conservator the other parent is named a possessory conservator. The possessory conservator is granted the right to visitation with the child. The only instances where possessory conservatorship is withheld are in extenuating circumstances where a parent has exhibited a history of violence, drug or alcohol abuse, or child neglect.

There are several rights and duties that a possessory conservator will share with a child’s managing conservator. These rights include but are not limited to:

 

  • Obtain information regarding the child’s education, health, and welfare.
  • Attend the child’s schools activities, access educational information, and speak with school officials pertaining to the child’s academics.
  • Have access to medical records, consult with medical professionals, and be listed as an emergency contact for the child.

 

When the child is under the supervision of a possessory conservator it is the parent’s duty to support, care for, and protect the child. This support includes feeding, clothing, and providing the child with proper shelter.

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Child Custody in
San Antonio

San Antonio child custody cases, also known as conservatorship cases, are among the most difficult family law matters to navigate. This is because these cases involve some of the most important people in your life, your children. As our experienced San Antonio child custody attorneys work through what the future looks like for our clients, we keep the word “family” in mind to focus on the children. Our attorneys are empathetic to the difficult nature of these cases and provide valuable information so that you can keep your children’s best interests at the forefront of your custody matter. It is our belief that the more we can educate you about your child custody case, the better you will be able to deal with this stressful and emotional process. Speak with one of our San Antonio child custody attorneys today and start making informed decisions about your family’s future.

How Does
Child Custody
“Conservatorship”
Work In San Antonio?

In San Antonio, the legal term used to refer to child custody is conservatorship. A parent who has been granted conservatorship rights of their children maintains both physical and legal custody. Physical custody allows the parent to decide where their children live. Legal custody encompasses decisions about the children’s religion, schools they attend, extracurriculars they participate in, medical treatment, and more.

 

There are three types of conservatorship rights in San Antonio custody cases. Depending on the type of conservatorship that is granted will determine whether both parents have rights over their children or if rights are given exclusively to one parent. Explanations of each type of conservatorship are provided below.

Under the Texas Family Code, joint managing conservators share the parental rights and responsibilities of their children. This type of conservatorship can either be agreed upon by both parties or be put in place by a court order.

 

In general, the law presumes that it is in the best interest of the children to have an ongoing relationship with both parents. Due to this, it is often the opinion of a San Antonio judge to lean towards ordering a joint managing conservatorship.

 

Once a joint managing conservatorship has been granted, it doesn’t mean the children will divide equal time with each parent. While the rights and responsibilities are shared, it may not necessarily mean that it is practical or best for the children to split equal time with both parents. For example, the responsible parties may decide to have the children spend most of their time in one household as transitioning back and forth causes too much instability and stress in the childrens lives.

In some instances, a  judge may decide that it isn’t in the children’s best interest for both parents to share conservatorship. When this scenario arises the judge will name one of the parents, or if both parents are deemed unfit a non-parent, as the sole managing conservator. 

 

There are several reasons that may be present in a family that could lead a judge to appoint a sole managing conservator. These include but are not limited to proof of violence by a parent, alcohol or drug abuse, and child abuse or neglect. When a sole managing conservator has been appointed that individual obtains the exclusive right to make most decisions about the children involved. 

In San Antonio, generally, if one parent is named the sole managing conservator the other parent is named a possessory conservator. The possessory conservator is granted the right to visitation with the child. The only instances where possessory conservatorship is withheld are in extenuating circumstances where a parent has exhibited a history of violence, drug or alcohol abuse, or child neglect.

There are several rights and duties that a possessory conservator will share with a child’s managing conservator. These rights include but are not limited to:

 

  • Obtain information regarding the child’s education, health, and welfare.
  • Attend the child’s schools activities, access educational information, and speak with school officials pertaining to the child’s academics.
  • Have access to medical records, consult with medical professionals, and be listed as an emergency contact for the child.

 

When the child is under the supervision of a possessory conservator it is the parent’s duty to support, care for, and protect the child. This support includes feeding, clothing, and providing the child with proper shelter.

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Our Attorneys Are
Ready To Listen

Our experienced custody attorneys in San Antonio have the knowledge, resources, and dedication to prepare your case and protect your interests to find the best possible outcome.

Where Do I File for Child Custody in San Antonio?

In San Antonio, child custody cases are handled by the Bexar County Civil District Court. The Bexar County Civil District Court’s Domestic Relations Office assists the court in matters pertaining to custody and parent/child relationships. They are available for consultations and can provide immediate intervention in complex family law matters. Their services include psychological evaluations, parent coordination, counseling, and cooperative parenting classes. Learn more about the Bexar County Domestic Relations Office.

Information About The
Bexar County Civil District Court

District Court Address:

101 W Nueva St
San Antonio, TX 78205

District Court Hours:

Monday – Friday: 8 AM – 5 PM

Important Forms Regarding Child Custody in San Antonio

The below links provide useful free forms and guides pertaining to child custody in Bexar County. These forms are a resource if you decide to approach your child custody case yourself. However, since every case is unique we cannot guarantee that these forms will meet the needs of your particular case. It is our recommendation that you speak to one of our experienced San Antonio custody lawyers prior to using or completing any of these documents.

Where Do I File for
Child Custody in San Antonio?

In San Antonio, child custody cases are handled by the Bexar County Civil District Court. The Bexar County Civil District Court’s Domestic Relations Office assists the court in matters pertaining to custody and parent/child relationships. They are available for consultations and can provide immediate intervention in complex family law matters. Their services include psychological evaluations, parent coordination, counseling, and cooperative parenting classes. Learn more about the Bexar County Domestic Relations Office.

Information About
Bexar County Civil District Court

District Court Address:

101 W Nueva St
San Antonio, TX 78205

District Court Hours:

Monday – Friday: 8 AM – 5 PM

Important Forms Regarding
Child Custody in San Antonio

The below links provide useful free forms and guides pertaining to child custody in Bexar County. These forms are a resource if you decide to approach your child custody case yourself. However, since every case is unique we cannot guarantee that these forms will meet the needs of your particular case. It is our recommendation that you speak to one of our experienced San Antonio custody lawyers prior to using or completing any of these documents.

See What Our Customers Are Saying About Our Custody Attorney’s In San Antonio

Benji Kelso
Benji Kelso
April 13, 2022.
Brian and Yenesis were really great to work with. They are extremely thorough and know this area of law very well, and they won my case!
Larry B
Larry B
April 7, 2022.
I Spoke with Kiana today and she was very informative and thorough in her explanation of what my situation would entail, and she said I could probably do a divorce without their assistance . I really appreciated her honesty. l would recommend their service to anyone who needs help with their divorce.
Grace Osberg
Grace Osberg
April 1, 2022.
Nick and Jordan are hardworking and dedicated to their clients. I would recommend them to anyone seeking family law advice.
Megan Sexton
Megan Sexton
March 29, 2022.
I had the best experience working with Brian as My Attorney and Yenesis. I felt fully supported while they worked diligently fighting for myself and my children in my very intense divorce case.
Marva Short
Marva Short
March 21, 2022.
Modern Law Firm did a wonderful job handling a post divorce decree matter. Both Attorney Nick Totallian and Jordan Moore were diligent and thorough in bringing this case to a close.
Shiri Dennison
Shiri Dennison
February 19, 2022.
I spoke with kiana she dedicated her time to answer all my questions I didn't feel rushed and I got the answers I needed. She was very personable, very sensitive to the situation and helped me make a decision for a plan thank you so much I appreciate your law firm and your great service.
Shawndra Homeschool
Shawndra Homeschool
January 26, 2022.
Let's be honest, nobody wants to see themselves in a position where a family law attorney is ever needed. However if the situation does arises, Modern Family Law is the only place I’ve trusted with protecting my children and myself. I researched endlessly - day and night - before ultimitly putting my new, terrifying and time sensitive reality into their hands. This is when Brian Litzinger and Jordan Moore were introduced into my life. What had transpired into a “mess”, has now been avoided from becoming an absolute disaster. Thanks to the endless, hard work Brian and Jordan have dedicated. I can now rest assure, that the best outcome will be achieved. I can’t begin to thank Modern Family Law enough.

How Do San Antonio Judges Make
Decisions Regarding Child Custody?

When presiding over matters concerning child custody, San Antonio judges use what is known as the “best interest of the child” standard to help guide their decisions. Texas Family Code Section 153.002 states:

The best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child.

San Antonio's best child custody attorneys

What Factors Into The Best Interest Of A Child?

A Texas Supreme Court decision set the legal precedent for the factors to consider in child custody cases as a result of the 1976 case, Holley v. Adams. The factors outlined in this case that are still taken into consideration today are as follows:

  • The desires of the child
  • The emotional and physical needs of the child now and in the future
  • The emotional and physical danger (of one parent) to the child now and in the future
  • The parental abilities of the individuals seeking custody
  • The programs available to assist the parents
  • The plans for the child by these individuals
  • The stability of both parties’ homes and any acts or omissions of a parent which may indicate that the existing parent-child relationship is not a proper one
  • Any excuse for the acts or omissions of a parent.
child custody attorneys in San Antonio

While there are additional factors that a judge may consider, this list provides you with a solid idea of the types of considerations a judge will evaluate when making a custody determination.

How Do San Antonio Judges Make
Decisions Regarding Child Custody?

When presiding over matters concerning child custody, San Antonio judges use what is known as the “best interest of the child” standard to help guide their decisions. Texas Family Code Section 153.002 states:

The best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child.

What Factors Into
The Best Interest Of A Child?

A Texas Supreme Court decision set the legal precedent for the factors to consider in child custody cases as a result of the 1976 case, Holley v. Adams. The factors outlined in this case that are still taken into consideration today are as follows:

  • The desires of the child
  • The emotional and physical needs of the child now and in the future
  • The emotional and physical danger (of one parent) to the child now and in the future
  • The parental abilities of the individuals seeking custody
  • The programs available to assist the parents
  • The plans for the child by these individuals
  • The stability of both parties’ homes and any acts or omissions of a parent which may indicate that the existing parent-child relationship is not a proper one
  • Any excuse for the acts or omissions of a parent.

While there are additional factors that a judge may consider, this list provides you with a solid idea of the types of considerations a judge will evaluate when making a custody determination.


Have Questions, Reach Out!

Our experienced custody attorneys in San Antonio understand how overwhelming the child custody process can be. They will listen to the specifics of your case while paying attention to your concerns and goals. They will provide you with expert advice to help you navigate this difficult time and make the best decisions for your family! 


Experienced San Antonio Custody Attorneys

Our team is rich with experience and is ready to take on any family matter you have. At Modern Family Law, we go to great lengths to help our clients understand and navigate the legal process. A better understanding leads to smarter choices.  We guide client expectations and create a partnership between client and lawyer for the best outcome. 

 

Our San Antonio child custody attorneys understand how difficult family law matters are to navigate. They can empathize with your situation, provide you with counseling expert advice, to guide you to the best possible outcome for you and your family. We also understand the financial burden that family law matters can pose. As such, we have created our one-of-a-kind SimpleStart™ program to give clients an opportunity to reduce the amount of money needed to start their cases.

 

We are growing all the time and always adding local talent to our team. We want to serve the community and that starts by being part of it. Browse our San Antonio child custody attorneys to learn more about them and to see if one would be a good fit for you. 

Our San Antonio Office Location

Additional Custody Practice Areas

Custody has many aspects and not every case is the same. Explore some of the other areas involved in child custody. While you don’t need to understand every nuance of custody, the more you do understand the easier the process will be.

Experienced
San Antonio
Custody Attorneys

Our team is rich with experience and is ready to take on any family matter you have. At Modern Family Law, we go to great lengths to help our clients understand and navigate the legal process. A better understanding leads to smarter choices.  We guide client expectations and create a partnership between client and lawyer for the best outcome. 

 

Our San Antonio child custody attorneys understand how difficult family law matters are to navigate. They can empathize with your situation, provide you with counseling expert advice, to guide you to the best possible outcome for you and your family. We also understand the financial burden that family law matters can pose. As such, we have created our one-of-a-kind SimpleStart™ program to give clients an opportunity to reduce the amount of money needed to start their cases.

 

We are growing all the time and always adding local talent to our team. We want to serve the community and that starts by being part of it. Browse our San Antonio child custody attorneys to learn more about them and to see if one would be a good fit for you. 

Our San Antonio
Office Location

Additional Custody
Practice Areas

Custody has many aspects and not every case is the same. Explore some of the other areas involved in custody. While you don’t need to understand every nuance of child custody, the more you do understand the easier the process will be.

Meet Our Team Of Experienced
San Antonio Child Custody Attorneys

MEM-thumbnail_1.1

Marie McGrath
Managing Attorney
San Antonio, TX

San Antonio divorce lawyer Ava Louviere

Ava Louviere
Associate Attorney
San Antonio, TX

San Antonio family law attorney Hannah Soliz

Hannah Soliz
Associate Attorney
San Antonio, TX


Learn Why Our San Antonio Family Law Attorneys
Are Passionate About Practicing Family Law

Frequently Asked Questions About Custody in San Antonio

How much does a custody case cost in San Antonio?

Everyone wants to be careful with attorney fees, us included. Potential clients always ask our lawyers how much their case will cost. Unfortunately, we can’t provide much insight into their final bill, because there are too many factors at play. The most critical factor impacting the overall cost of a case is the degree of conflict. A client’s ability to control the degree of conflict in a family law dispute is sometimes limited. The amount of conflict is often unknown or underestimated.

 

Many other factors may also impact the cost of a case. Those include poor strategic planning and selecting an attorney based on factors not related to your goal. Since there are so many things impacting the cost of a case, it’s impossible for a good attorney to quote you an overall cost. We can, however, use our experience to provide you insight into how certain factors impact the average cost, as determined by the American Bar Association.

 

Click the following link to learn more about the cost of a custody attorney in San Antonio. You may also be interested in our calculators to help you determine costs.

How is child support calculated in San Antonio?

The person who pays child support in Texas is the obligor, the person receiving child support is the obligeeIn 1989, Texas Legislators introduced statutory “guideline child support”. This set the percentage of net resources an obligor has to pay based upon the total number of children that the obligor has an obligation to legally support, and the number of children involved in the current case.  That percentage is then applied to the individual’s net resources.  The same guidelines for child support are still in effect today. 

Learn more about how child support is calculated in San Antonio or try our Texas child support calculator.

If my spouse is being violent can I apply for a protective order in San Antonio?

Protective orders have very specific prerequisites under the Texas Family Code. Additionally, during the most recent legislative session in Texas, there were important changes that you should understand.   

Protective orders under the family code are granted based on family violence which is defined as: 

1. An act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault, or that is a threat that reasonably places the family or household member in fear of imminent physical harm, bodily injury, assault, or sexual assault. 

2. Abuse by a member of the family or household against a child of the family or household; or 

3. Dating violence against a member of a dating relationship or a third party. 

For the purposes of the definition in the Texas Family Code: 

Family includes individuals related by consanguinity or affinity, former spouses, parents of the same child, a foster child and foster parent. 

Household means persons living together in the same dwelling even if not related and includes a person who previously lived in a household.  

Dating relationship means a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature based on the length of the relationship; the nature of the relationship; and the frequency and type of interaction between the persons involved in the relationship. 

Learn more about protective orders in Texas.

Frequently Asked Questions About
Custody In San Antonio

How much does a custody case cost in San Antonio?

Everyone wants to be careful with attorney fees, us included. Potential clients always ask our lawyers how much their case will cost. Unfortunately, we can’t provide much insight into their final bill, because there are too many factors at play. The most critical factor impacting the overall cost of a case is the degree of conflict. A client’s ability to control the degree of conflict in a family law dispute is sometimes limited. The amount of conflict is often unknown or underestimated.

 

Many other factors may also impact the cost of a case. Those include poor strategic planning and selecting an attorney based on factors not related to your goal. Since there are so many things impacting the cost of a case, it’s impossible for a good attorney to quote you an overall cost. We can, however, use our experience to provide you insight into how certain factors impact the average cost, as determined by the American Bar Association.

 

Click the following link to learn more about the cost of a custody attorney in San Antonio. You may also be interested in our calculators to help you determine costs.

How is child support calculated in San Antonio?

The person who pays child support in Texas is the obligor, the person receiving child support is the obligeeIn 1989, Texas Legislators introduced statutory “guideline child support”. This set the percentage of net resources an obligor has to pay based upon the total number of children that the obligor has an obligation to legally support, and the number of children involved in the current case.  That percentage is then applied to the individual’s net resources.  The same guidelines for child support are still in effect today. 

Learn more about how child support is calculated in San Antonio or try our Texas child support calculator.

If my spouse is being violent can I apply for a protective order in San Antonio?

Protective orders have very specific prerequisites under the Texas Family Code. Additionally, during the most recent legislative session in Texas, there were important changes that you should understand.   

Protective orders under the family code are granted based on family violence which is defined as: 

1. An act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault, or that is a threat that reasonably places the family or household member in fear of imminent physical harm, bodily injury, assault, or sexual assault. 

2. Abuse by a member of the family or household against a child of the family or household; or 

3. Dating violence against a member of a dating relationship or a third party. 

For the purposes of the definition in the Texas Family Code: 

Family includes individuals related by consanguinity or affinity, former spouses, parents of the same child, a foster child and foster parent. 

Household means persons living together in the same dwelling even if not related and includes a person who previously lived in a household.  

Dating relationship means a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature based on the length of the relationship; the nature of the relationship; and the frequency and type of interaction between the persons involved in the relationship. 

Learn more about protective orders in Texas.

Our Calculators

We’re not fans of surprises and we suspect you aren’t either. We built these divorce calculators just for you, so you know what to expect every step of the way.

Additional Resources About
Child Custody in San Antonio

enforcing child custody orders in Texas

How To Enforce A Child Custody Order In Texas

Child custody orders are court-ordered documents that may be enforced by a judge.  First, you need to raise an enforcement action.

lifting geographic restrictions in Texas custody orders

Lifting Geographic Restrictions in Texas Custody Orders

Lifting a geographic restriction in a Texas child custody order can be difficult and there are many factors involved. Learn about them here! 

Texas child support attorneys

How is Child Support Calculated in Texas?

Understanding how your child support payments in Texas are calculated is crucial to starting your new life. This article breaks down how Texas child support payments are decided.


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