Zealously Protecting Your Parental Rights In Child Custody

Last updated on January 23, 2025

Navigating the complexities of child custody is incredibly emotional and legally challenging. At The Cook Law Firm & Associates PLLC in San Antonio, our lawyers understand the importance of your relationship with your children and will be committed to protecting your parental rights while prioritizing the well-being of your children. With our seasoned attorneys by your side, you can navigate this difficult journey with confidence and the assurance that your family’s best interests are at the forefront of every legal strategy.

Our caring and attentive team strives to simplify complex legal processes and reduce the emotional burden on our clients. Our lawyers leverage their extensive courtroom experience, having represented hundreds of clients in both bench and jury trials. Their zealous, tenacious approach is focused on achieving successful outcomes for you and your children. Our team will act as your legal advocates, aiming to resolve issues efficiently outside of court but ready to assertively represent you in trial if necessary. Our attorneys pride themselves on direct client communication, educational empowerment and prompt responses, all while crafting customized strategies that advance your objectives effectively.

Compassionate Guidance Throughout The Child Custody Process

Child custody arrangements determine how parents will share responsibilities and time with their children. In Texas, custody is typically divided into physical custody, which pertains to where the child lives, and legal custody, which involves decisions about the child’s upbringing, including education, health care and religious instruction.

When determining custody arrangements, a Texas court will prioritize the child’s best interests. Factors it considers include:

• Each parent’s physical and emotional health
• The child’s emotional and physical needs
• The stability of the home environment
• Any history of family violence or substance abuse
• The child’s preferences, depending on their age and maturity
• Each parent’s ability to care for the child
• The willingness of each parent to support the child’s relationship with the other parent

Our family law attorneys are dedicated to crafting a strategy that serves your child’s best interests while vigorously protecting your rights as a parent. They understand the nuances of Texas family law and strive to ensure that each client’s voice is heard.

Types Of Child Custody And What You Need To Know

In family law, child custody refers to the legal guardianship awarded by a court to one or both parents or legal guardians following a divorce or separation. Here are the main types of child custody arrangements that courts typically consider:

Conservatorship

• Joint Managing – The parties share or are individually in charge of the decision making process for the children regarding schools, medical, mental health, education, etc.
• Sole Managing – One parties controls the decision making process regarding important decisions medical, mental health, education, etc.

Possession And Access

This can include everything under the sun.

• Standard possession order – This is in the code Supervised visitation
• 50/50 possession schedule
• No possession

Modifications To Custody Agreements

Modifications to child custody agreements are possible, but they must be obtained prior to any changes that are made by the parents. For example, if a parent plans to relocate and take the children with them, a new joint custody plan may be necessary since the distance could render the current plan unworkable. However, the parent must secure the modification in advance, as relocating with the children without proper authorization could violate their ex’s custody rights.

Custody agreements may also be modified if health or safety concerns arise. For instance, if the other parent’s living situation is deemed unstable or unsafe for the children, or if they develop issues with drug or substance abuse, these factors could justify a modification.

Understanding Visitation Rights

A visitation schedule allows a parent to spend time with their child, even if they do not have primary custody. In some cases, this arrangement is based on logistics, such as work schedules or lifestyles. For example, if a parent frequently travels overseas for work, physical custody may not be practical. However, they can still have visitation rights when they are home to maintain a relationship.

In certain situations, supervised visitation may be required. This means the parent can only see the child when a third party is present. The third party could be a social worker or the other biological parent. Supervised visitation is typically implemented when there is a perceived risk to the child, such as potential abduction or safety concerns.

Parenting Plans: Why They Matter

Having a comprehensive parenting plan can greatly assist parents as they navigate shared custody. It ensures they are aligned, facilitates communication and enables them to work together in the best interests of their children. In many cases, a well-crafted parenting plan can help prevent custody disputes by outlining agreed-upon rules and parenting strategies in advance.

Perhaps the most important benefit of a parenting plan is the stability it provides for the children. They know when they will see each parent, understand expectations in each household and see how their parents cooperate on matters such as school events, extracurricular activities, household rules, visits with extended family and more. Parenting plans and custody schedules can also address special events, such as holidays, birthdays or graduations.

How To Choose The Right Attorney

The first thing to consider when selecting a child custody attorney is experience. If this is your first time navigating the court process, you need an attorney who has handled numerous similar cases. An experienced attorney can provide valuable insights, help you avoid critical mistakes and guide you toward the best outcome. With over 15 years of experience, our team is well-equipped to help you navigate this process smoothly while focusing on creating a positive future for your family and prioritizing your child’s best interests.

It’s also essential to have legal counsel from an attorney who can represent you in court if needed. While many child custody decisions can be made jointly, particularly in an amicable divorce, disputes about physical and legal custody may arise. Our team has represented hundreds of clients with child custody issues and is known for being zealous and competent trial lawyers. If necessary, we are prepared to defend your rights.

Finally, you need an attorney who prioritizes communication. Child custody cases can be complex, and it is crucial to stay informed every step of the way. We excel in this area, promptly returning phone calls, facilitating clear communication and focusing on efficiency. With our team by your side, offering critical legal representation, you can trust that you’ll be supported throughout the entire process.

Speak With Our Child Custody Attorneys Today.

Our lawyers understand how important your family is. When you work with them, you can rest assured that you have a legal team who will fight tirelessly for you. Contact The Cook Law Firm & Associates PLLC today at 210-740-0281 or fill out our online contact form.