San Antonio Child Custody Attorney

There is no denying that family law cases can be emotionally challenging. A child custody case is often difficult to handle, especially when you’re invested in a particular outcome. Given what’s at stake, you might worry that you’ll never get to spend the quality time you desire with your child. If your former spouse was the primary breadwinner, you may believe the odds are stacked against you in obtaining legal or physical custody.

At Cook Law, we understand that there is no stronger bond than that between a parent and child. That is why our dedicated family lawyer in San Antonio, TX, has committed his professional life to advocating for parents, while always ensuring the best interests of the child. Attorney Justin Cook strives to ease the financial burden that you are facing while offering tenacious representation to meet both you and your child’s needs.

How Do Judges Decide Child Custody in San Antonio, TX?

Known as the Holley Factors, a judge will consider the following in determining the best interests of the child:

• The child’s wishes, with maturity and age playing a significant role in this consideration
• If there is any emotional or physical danger to the child currently or in the future
• The emotional and physical needs of the child
• Programs are available to assist each parent and the child
• The plans each parent has for the child
• Each parent’s ability to take care of the child
• The stability of each proposed residence
• If there are any acts or omissions performed by either parent that threaten the appropriateness of the parent-child relationship
• Any excuse for the parents’ acts or omissions

In determining which environment will best promote the child’s welfare, the court will consider whether either parent has a history of substance abuse or domestic violence. Presentation of evidence is key to demonstrating to the court that the child being under your care is in their best interest. Hiring an experienced child custody lawyer will significantly increase the likelihood of retaining access to your child.

Possession, Conservatorship, & Access

Texas courts consider two main types of custody: Possession and Access, and Conservatorship. They use slightly different terms from other jurisdictions to define custody: possession refers to physical custody, conservatorship to legal custody, and access to visitation.

Possession and Access

Generally, Texas family courts recognize three types of possession orders:

Standard Possession Order (SPO): Referred to in the Texas Family Code as “supervised visitation,” the SPO details the parenting schedule, including when exchanges will take place, when the noncustodial parent will have access to the child, and which parent will have the child for vacations and holidays.

Generally, the SPO provides a 60/40 split, with the custodial parent having the child for 60% of the time and the noncustodial parent having the child for 40% of the time. This is a default schedule that applies to children ages three and older, although it can be modified upon mutual agreement between the parties.

50/50 Possession Schedule: Although not as common, this would provide each parent 50/50 access. Standard 50/50 schedules include alternating weeks between parents, or a “wrap” schedule in which each parent has the child on certain days of the week, with alternating weekends.

No Possession: While extremely rare, a parent may be denied possession of their child in some cases. This is reserved for cases where there is a history of substance abuse, violence, or neglect.

Conservatorship

Being granted conservatorship gives you the authority to make decisions regarding your child’s welfare. A conservator can make decisions related to a child’s education, medical care, and religious upbringing.

Joint Managing Conservators: This type of conservatorship allows both parents to participate in decision-making. In this arrangement, one parent may have final say if both parents cannot reach an agreement.

Sole Managing Conservator: In situations where one parent is deemed unfit to make significant decisions, the other parent will be awarded sole managing conservatorship. This arrangement grants one parent decision-making authority over a child’s welfare without requiring consultation with the other parent.

Tenacious Representation from Our Child Custody Lawyer

Fighting for custody of your child can be an overwhelming and tiring process. At Cook Law, our San Antonio child custody lawyer is committed to meeting the needs of both the parent and the child. Since each family situation is unique, our firm will take the time to sit down with you, your child, and any parents/guardians to understand which arrangements are best for your child. This insight will allow our attorney to collect any information that supports the special relationship you share with your child.

To learn how to protect your parental rights, do not hesitate to contact us online or by phone at (210) 740-0281.