Child Custody

San Antonio Child Custody Attorney

Protecting Your Parental Rights in Child Custody Cases

Navigating a child custody case in Texas can be emotionally challenging and legally complex. Whether you are fighting for custody, modifying an existing arrangement, or dealing with a custody dispute, having an experienced San Antonio child custody attorney on your side is crucial. Bergmann Law Firm, PLLC is here to help protect your parental rights and secure the best outcome for you and your child. Call me today for a free consultation at (210) 759-4336 to discuss your case.

Child Custody Under Texas Law

Child custody in Texas, legally called “conservatorship,” can be confusing and overwhelming. As your attorney, I will help you understand your rights and options. The court determines custody arrangements based on the child’s best interests, considering factors such as stability, parental involvement, and the child’s welfare. Parents can be appointed as joint managing conservators or sole conservators, each with specific rights and responsibilities.

Legal Custody vs. Physical Custody

Texas law differentiates between two types of custody.

  • Legal custody (Conservatorship): Determines which parent makes key decisions about the child’s life, including education and healthcare.
  • Physical custody (possession and access): Establishes the child’s primary residence and the visitation rights of the other parent.

What’s Best for My Family? Joint Managing Conservatorship vs. Sole Conservatorship

In Texas, there are two primary types of conservatorship: Joint Managing Conservatorship (JMC) and Sole Conservatorship.

Joint Managing Conservatorship (JMC)

In a JMC arrangement, both parents share the rights and duties of raising their child, including decision-making authority on education, healthcare, and general welfare. Although parents share the responsibilities, the child’s primary residence is typically designated with one parent. Joint conservatorship doesn’t necessarily mean equal time with the child, but both parents are involved in the child’s life and major decisions. JMC is most commonly used when both parents can communicate effectively about their child’s well-being.

Pros and Cons of JMC

  • Encourages shared parenting responsibilities.
  • Allows both parents to remain involved in the child’s life.
  • Courts tend to favor this arrangement to keep both parents engaged and benefit the child’s development.
  • Requires good communication and cooperation between parents, which can be difficult in high-conflict situations.
  • One parent may still have primary custody. If not smoothly handled, this can lead to disputes over time-sharing and decision-making.

Sole Conservatorship

Sole conservatorship grants one parent the exclusive rights to make decisions regarding the child’s upbringing, including healthcare, education, and welfare. The other parent may still have visitation rights, but they do not have decision-making authority (legal custody). A sole conservatorship may be awarded when one parent is unable or unwilling to share parental responsibilities or when the child’s well-being is at risk. Sole conservatorship is typically used when one parent has demonstrated a history of abuse, neglect, or incapacity, which makes shared decision-making unsafe or unworkable.

Pros and Cons of Sole Conservatorship

  • Offers clear decision-making authority to one parent, reducing potential conflict.
  • Provides stability for the child when one parent cannot or should not be involved in decisions.
  • It can help children in situations where one parent is better equipped to make decisions in their best interest.
  • The other parent may feel alienated and less involved in the child’s life.
  • It may not be in the best interest of the child if the other parent still desires involvement and can co-parent.
  • This can lead to more contentious legal battles, particularly over visitation and child support.

No matter your situation, I can help you understand your rights and develop a plan that works for your family while ensuring the best interests of your child or children.

Factors Considered in a Custody Case

Texas courts evaluate several factors when determining custody arrangements:

  • The child’s emotional and physical needs
  • Each parent’s ability to provide a stable home
  • The child’s relationship with each parent
  • Any history of domestic violence or substance abuse
  • The child’s preference (if they are at least 12 years old)

How a Child Custody Lawyer Can Help

As an experienced child custody attorney, I will:

  • Guide you through Texas family law
  • Advocate for your parental rights in court
  • Assist in negotiating a custody agreement
  • Help modify an existing custody order as needed
  • Protect you from unfair custody claims

Child Custody and Child Support

Child custody and child support often go hand in hand. The non-custodial parent typically pays for child support to meet the child’s needs. Texas law outlines child support obligations based on the parent’s income and the number of children involved. I will ensure that your child support arrangement is fair and aligns with Texas law.

Modifying a Custody Order

Life circumstances change, and custody orders may need modifications. If your situation has changed significantly, I can help you request a modification. You may be able to modify a custody order due to:

  • A parent’s relocation, which affects the child’s school or routine
  • A change in the child’s physical, emotional, or educational needs
  • A parent’s inability to meet their obligations due to financial hardship, health concerns, or other factors
  • Evidence of neglect, abuse, or an unsafe environment

Modifying a custody order requires proving the change is in the child’s best interests. I will work with you to gather the necessary evidence and present a strong case to the court.

Parental Rights in Texas Child Custody Cases

Texas law grants parents important rights. These include:

  • The right to receive information about your child’s education and healthcare
  • The right to participate in important legal decisions about your child’s life
  • The right to spend time with your child according to the court-ordered custody arrangement

If your parental rights are being threatened or ignored, I will advocate on your behalf to ensure you maintain an active and meaningful role in your child’s life.

Custody Disputes and Mediation

Custody disputes can be stressful, but they don’t always have to lead to a courtroom battle. Mediation allows parents to negotiate a custody agreement outside of court. I can represent you in mediation, helping you reach a fair resolution while minimizing conflict.

Geographic Restrictions in Texas Custody Cases

Texas courts may place geographic restrictions on the child’s residence to prevent one parent from moving too far away from the other. I can help you navigate these restrictions and determine the best course of action for your case. The court considers:

  • The child’s school and community ties
  • The distance between parents
  • The impact of relocation on visitation

The Role of a Guardian ad Litem in Custody Cases

A guardian ad litem may be assigned to represent the child’s best interests. This court-appointed advocate investigates the case and makes recommendations to help the judge make a fair custody determination. I can help you understand how a guardian ad litem may affect your case and what you can do to ensure your voice is heard in court.

Get Legal Help for Your Child Custody Case in San Antonio

If you are dealing with a child custody case in San Antonio, I am here to help. I am dedicated to protecting your parental rights and achieving the best outcome for your child. Call me today at (210) 759-4336 for a free consultation or fill out my online form to get started.

Frequently Asked Questions

What happens if my co-parent and I cannot agree on a custody arrangement?

If parents cannot reach an agreement through negotiation or mediation, the court will decide custody based on the child’s best interest. As an experienced child custody attorney, I can help you present a strong case that protects your parental rights and prioritizes your child’s well-being.

Can a parent lose custody for failing to comply with the court-ordered visitation schedule?

Yes, consistently refusing to follow a custody order can lead to legal consequences, including modifications to the arrangement. If your co-parent is violating the order or preventing you from seeing your child, I can help you take the necessary legal steps to enforce your rights.

Does Texas prefer awarding custody to mothers over fathers?

No, Texas courts do not favor one parent over the other based on gender. Custody decisions are made based on what is best for the child. Fathers have the same legal rights as mothers and can seek joint or primary custody. If you’re a father concerned about your rights, I can help you navigate the process.

What if my child’s other parent refuses to co-parent or communicate with me?

Co-parenting challenges are common, but legal options are available. If communication breakdowns are harming your child’s stability, I can assist you in seeking modifications or mediation to improve the situation.

Can a custody agreement include rules about introducing new romantic partners to my child?

Yes, some custody agreements include provisions about when and how new partners can be introduced. Courts prioritize the child’s emotional well-being, and restrictions may be put in place if they serve the child’s best interest. I can help you draft a custody agreement that includes appropriate guidelines.

What should I do if my child doesn’t want to visit the other parent?

While a child’s preference may be considered, parents are legally required to follow court-ordered visitation. If there are concerns about safety, neglect, or emotional distress, I can help you seek a modification to protect your child’s well-being.

Can child custody be decided without going to court?

Yes, many parents reach custody agreements through mediation or collaborative law (a problem-solving-focused approach where each party may retain a lawyer but does not take their case to court) without a judge making the decision. I can help you explore these options to reduce stress and avoid unnecessary litigation.

How does the court handle false allegations in a custody case?

False allegations of abuse, neglect, or other misconduct can have serious consequences. If you are facing false accusations, I will work diligently to gather evidence and present a strong case to protect your rights and reputation.

Can a child custody order include religious upbringing decisions?

Yes, custody agreements can outline how religious upbringing will be handled. If religious differences between parents become a conflict, the court may intervene to determine what is in the child’s best interest. I can help you navigate these sensitive discussions.

Will my child have to testify in court during a custody case?

In most cases, courts try to avoid putting children in the middle of custody disputes. If necessary, a judge may speak with a child privately in chambers. I can help ensure your child’s voice is considered while protecting them from undue stress.

What can I do if my ex is alienating my child from me?

Parental alienation—when one parent manipulates a child against the other—is a serious issue that courts do not take lightly. If you suspect this is happening, I can help you take legal steps to protect your relationship with your child.

How do military deployments affect child custody in Texas?

Texas law has protections for military parents, including provisions that allow temporary modifications and ensure service members are not unfairly penalized for deployment. If you are a military parent facing custody concerns, I can help you navigate the legal process.

Can I request emergency custody if I believe my child is in danger?

Yes, if your child is in immediate danger due to neglect, abuse, or unsafe conditions, you can seek an emergency custody order. I can help you file the necessary paperwork and present evidence to the court quickly.