Child Custody And Visitation Lawyer In San Antonio

When couples get divorced or otherwise end their relationships, one of the main areas they focus on might be how to divide child custody. This can include both physical custody – where the child lives – and legal custody, or the right to make decisions for the child. Courts can assign sole custody in either area, or they can use joint custody to give these rights to both parents.

I know how complex this process can be. I am child custody attorney Mark Darling, and I have more than two decades of valuable experience in Texas family law. At my San Antonio firm, I focus on communication with my clients in every case, and I seek creative solutions while keeping a close eye on even the smallest details.

Understanding Parental Rights In Texas

Texas law recognizes that both parents have fundamental rights and responsibilities regarding their children. These rights include access to medical and educational records, participation in school activities and meaningful time with their children.

For fathers who were not married to the mother at the time of birth, establishing paternity is a crucial first step to securing these rights. Paternity can be established voluntarily through an Acknowledgment of Paternity or involuntarily through court-ordered genetic testing. Once paternity is established, a father has the same rights to seek custody and visitation as any other parent.

Mothers are automatically recognized as legal parents at birth. However, in custody disputes, no preference is given based solely on gender. Texas courts focus on the best interests of the child rather than presuming that either parent is better suited for custody based on traditional roles.

Modifying Child Custody Orders

Life circumstances change, and custody arrangements sometimes need to be modified to accommodate these changes. Under Texas law, you can seek modification of custody orders if:

• There has been a material and substantial change in circumstances since the original order
• The current arrangement has become unworkable or inappropriate
• The modification would be in the best interest of the child

Common situations warranting modification include relocation of a parent, changes in a child’s needs or wishes (especially as they get older), changes in a parent’s ability to care for the child or evidence that the current arrangement is not working.

The modification process begins with filing a petition with the court that issued the original order. Unless both parents agree to the changes, the court will hold a hearing to determine if the modification is appropriate.

Enforcement Of Custody Orders

When a parent violates a custody order by denying visitation, failing to return a child or consistently arriving late for exchanges, Texas law provides several enforcement remedies:

• Filing an enforcement action with the court
• Seeking a finding of contempt, which can result in fines or even jail time
• Requesting make-up visitation time
• In severe cases, requesting law enforcement assistance

The enforcement process typically begins with filing a motion detailing specific violations of the order. Documentation of these violations – including dates, times and communications – strengthens your case. The court may then schedule a hearing where both parties can present evidence. Courts take violations of custody orders seriously, but they also recognize that sometimes legitimate circumstances prevent perfect compliance.

Can Parents Create Their Own Custody Arrangement?

Yes, if you and your spouse can work together, you may be able to agree on how to divide custody, when to use visitation and many other factors. This keeps the decision-making power in your own hands.

However, if the two of you cannot agree and a custody battle results, then you may need a court ruling. The court can issue an order that both you and the child’s other parent have to follow. If you share legal custody, you still have to work together to make key decisions on the child’s behalf.

How Does The Court Decide?

Courts typically try to rule in line with the child’s best interests. These can be determined by looking at factors such as:

• The child’s gender and age
• The parental roles before the divorce
• The parents’ ability and physical and mental health
• Each parent’s living situation
• The child’s medical needs
• Relationships with extended family members
• Social and cultural considerations

Each case is unique, and each custody ruling will be decided on its own merits.

Call Now For A Consultation

If you are involved in a custody dispute and need an experienced child custody attorney, call 210-987-5054 or use the online contact form to set up a consultation. Your future – and your child’s – hangs in the balance, so contact me to start exploring your legal options.