San Antonio Child Custody Attorney

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For many parents, child custody is the most heart-wrenching aspect of divorce. As a San Antonio child custody attorney, Jennifer Espronceda can help protect your parental rights so you can raise your children in a fit, caring home.

In the area of Texas family law, child custody is legally referred to as conservatorship. Typically, a visitation schedule is recognized as a standard possession order. Courts and family law authorities take their responsibilities for children’s welfare very seriously. In divorces and family law matters relating to custody and parenting rights, the child’s best interest is always the top priority.

If you are the noncustodial parent, divorce should not force you to miss the important milestones in your children’s lives. As a leading San Antonio child custody attorney, Jennifer can ensure that you are given the opportunity to spend quality time with your children, which is necessary to encourage their strong growth and development.

Jennifer Espronceda has extensive experience helping divorcing or unmarried parents seek satisfactory resolutions regarding child conservatorship and standard possession orders. Espronceda Law is also experienced in representing fathers in custody battles, visit our child custody page for fathers for more information.

Contact Jennifer to arrange a free consultation about your custody or parenting rights issue. Whether or not you decide to hire her as your legal representative, she will try to answer all your questions and help you understand your options as a child custody expert involving conservatorship and standard possession orders, including:

San Antonio Child Custody Modification

Once a child custody order has been issued by the courts, you may feel like you’re stuck with that decision forever. But child custody modification can happen under many circumstances. When it does, an experienced attorney on your side can make all the difference. Some situations in which custody may be revisited are:

  • Change of residence. Texas law frowns on moving a child out of state or any distance that would create a serious hardship to the non-custodial parent. This is especially true in cases where parents share joint managing conservatorship.
  • Change in circumstances. In the case of an injury or illness that leaves one custodial parent unable to care for the child, child custody modification may be in order.
  • Wishes of the child. Once a child reaches 12 years of age, their preference for custody may be taken into consideration by the courts. If the child desires to make a change in residence or custody, your attorney can help petition the court to facilitate this.
  • Lifestyle changes. If one parent adopts or changes their lifestyle in a way that can be seen as harmful to the child, child custody modification might be the best course of action. This can include onset of depression or other mental illness, alcohol or drug abuse, commission of certain crimes, or allowing dangerous or unsuitable people to be near the child or in their residence.

Keep in mind that attempting child custody modification may increase the vitriol between the parties involved. Texas courts seek to minimize the stress that this can put on a child. Your lawyer should help modify child custody so that your child is not forced to choose one parent over the other or to be directly involved with acrimonious aspects of a hearing or deposition. As an experienced family law attorney, Jennifer Espronceda knows how to navigate the child custody modification process to get the best result for you and your child.

What To Know About Texas Child Custody Laws

In Texas, child custody laws begin with the presumption that both parents should have some conservatorship over any children produced in the marriage. “Joint managing conservators” is a term used to indicate a situation in which both parents make decisions regarding things like a primary residence, religious and secular schooling, participation in extra-curricular activities (that require parental permission), medical, dental, and psychiatric care, and financial well-being. A judge will consider several factors when assigning conservatorship. These include the child’s best interest, whether there is a history of domestic abuse, and who the child’s primary caregiver has been. Judges will also hear testimony from any children who are over the age of twelve.

A San Antonio child custody attorney will likely ask many questions about your marriage, your spouse, and your home life with your children. As upsetting as these personal questions may be to answer, they’ll allow your lawyer to collect relevant information for use during a custody hearing. Collecting this information is one of the most vital aspects of any child custody case. The judge will weigh various factors and devise what is called a “parenting plan.”

In Texas, custody is referred to as “conservatorship.” There are two basic types of conservatorships: possessive and managerial. A possessive conservatorship allows the parent to have regular access to children on a set schedule, to attend school events, or be listed as an emergency contact. Texas child custody laws intend to extend some form of conservatorship to both parents. Exceptions to this would include cases of domestic violence or any situation in which parental involvement is seen as being detrimental to the best interests of the child.

Whether parental conservatorship is possessive or managerial, a San Antonio child custody attorney will tell you that both parents have a legal obligation to provide medical and dental care, food, clothing, shelter, and other basic needs to the child. Additionally, each parent is responsible for making the other parent aware of issues or concerns with the child. Texas child custody laws assert that both parents have a duty to provide protection and discipline to their children, regardless of the status of their conservatorship.

According to Texas child custody laws, managing conservatorships are divided into two categories: joint conservatorship (shared with your former spouse) and sole or single conservatorship. If a joint conservatorship is mandated, this can mean even more conflict between the divorcing parties. Issues like a primary residence, child support, and the making of significant decisions can become even more contentious. If one party wants to move the child out of state or further, a geographical restriction can sometimes be imposed. That’s another great reason to hire a child custody lawyer. Your attorney can help subtract emotion from the equation and help the presiding judge create a parenting plan that reflects the best interests of the child.

Child support can be a difficult and divisive issue, particularly in cases of joint conservatorship. Judges will consider myriad factors in determining who pays and how much. These will include the financial status of both parents and the stability of the home. They may also include considering how well the parents cooperate with each other, and how to best meet the continuing needs of the child.

Call Jennifer Espronceda today to schedule a free initial phone consultation at 210-504-1514, or contact us via our site.