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Child Custody Attorneys in San Antonio, TX

Child Custody Attorney

San Antonio Child Custody Attorney

For many parents, child custody disputes are often the most difficult and emotional part of a divorce. As a San Antonio child custody attorney, Jennifer Espronceda can help protect your San Antonio, Texas, parental rights so you can continue raising your children in a safe, stable environment.

In the area of Texas family law, child custody is legally referred to as conservatorship. Typically, the standard possession order is recognized as the default visitation schedule. Judges in San Antonio, TX, and surrounding counties take their responsibilities to protect children’s welfare very seriously. The “Best Interest of the Child” is the factor that carries the most weight in divorces and family law matters relating to conservatorship and possession.

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Types of Child Custody Arrangements

In Texas, custody arrangements are based on a family’s unique circumstances. The default arrangement is joint managing conservatorship, where both parents share parental rights and duties, including the ability to make important decisions for their child. In some cases, however, the court may determine it is in the child’s best interest for only one parent to hold these rights and duties. This is known as sole managing conservatorship.

Joint Managing Conservatorship

In Texas, joint managing conservatorship means both parents share the rights and duties of raising their child, including making important decisions about education, healthcare, and welfare. It does not always mean equal parenting time, but it does ensure both parents remain involved in guiding their child’s life.

  • Both parents share decision-making about most issues.
  • One parent typically has the exclusive right to designate the primary residence of the child.
  • Does not mean equal parenting time.

Sole Managing Conservatorship

Sole managing conservatorship means one parent is given the exclusive right to make most of the important decisions about the child’s upbringing, such as education, medical care, and where the child lives. This arrangement is less common and is typically ordered only when the court finds it is in the child’s best interest.

  • One parent is given the exclusive right to make most of the important decisions for the child.
  • The other parent typically still has possession rights and obligations, such as paying child support.
  • Typically ordered only when the court finds joint conservatorship is not in the child’s best interest.

Jennifer Espronceda is a respected custody lawyer in San Antonio (TX) and provides the legal guidance and advocacy you need to navigate conservatorship issues.

Espronceda Law will get you the legal help and results you need.

If you are a 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 growth and development.

Jennifer Espronceda has extensive experience helping divorcing or unmarried parents obtain solutions in their child custody and possession orders that work for them.

Factors Considered by Texas Courts in Child Custody Cases

When deciding custody in Texas, the judge must do what’s in the child’s best interest. This means looking at things like the child’s needs, the ability of each parent to provide a safe and stable home, and any risks of harm. The court also considers each parent’s ability to care for the child, the stability of their living situation, and the plans they have for the child’s future. In some cases, if the child is old enough, the judge may also take the child’s wishes into account:

  • The child’s emotional and physical needs, now and in the future
  • Each parent’s ability to provide a safe, stable, and supportive home
  • The parenting abilities of each parent
  • Any history of abuse, neglect, or domestic violence
  • The stability of each parent’s living situation
  • The plans each parent has for the child’s future
  • The child’s own wishes (if the child is old enough and mature enough)

A court in San Antonio, TX, will weigh all these factors and decide what child custody arrangement is in the best interest of the child.

San Antonio Child Custody Modification

Once a child custody order is issued, many parents assume it is permanent. However, Texas law allows a custody order to be modified when the facts show that there has been a material and substantial change in circumstances. In those situations, an experienced child custody attorney in San Antonio can advocate on your behalf to protect your rights and your child’s best interests. The following are some common scenarios that may give rise to a material and substantial change:

Change of residence:

If one parent moves a significant distance away, it can disrupt the child’s routine, schooling, and access to the other parent. Courts may revisit custody to ensure the child maintains stability and meaningful contact with both parents.

Health Issues:

A parent’s serious illness or disability can impact their ability to care for the child. In such cases, the court may modify custody to provide additional support or stability for the child.

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.

Child Custody Rights

Seeking a child custody modification can sometimes heighten conflict between parents. Courts in San Antonio strive to reduce the impact this stress can have on children, and your custody lawyer should work to protect your child from being caught in the middle. That means shielding them from feeling pressured to choose between parents or being drawn into contentious hearings. With extensive experience in family law, Jennifer Espronceda knows how to guide clients through the custody modification process while prioritizing the best outcome for both you and your child.

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Contact Jennifer to Schedule

Take the first step toward protecting your rights and your child’s future—contact Jennifer today to schedule a consultation. As your child custody lawyer in San Antonio, she will answer your questions, explain your legal options, and create a strategy tailored to your needs. Depending on your circumstances, Jennifer can assist with:

  • Negotiating mediated agreements for conservatorship and possession orders
  • Enforcing possession orders when your rights are denied
  • Securing child support agreements and protecting parental rights in San Antonio, Texas
  • Pursuing modifications of existing child support or possession orders

What To Know About Texas Child Custody Laws

In Texas, child custody is legally referred to as conservatorship. The law begins with the presumption that it is in a child’s best interest for both parents to share in parental rights and duties. This arrangement is called Joint Managing Conservatorship (JMC), and it generally means both parents have a say in important decisions affecting the child, such as education, medical and dental care, psychological treatment, extracurricular activities, and financial matters. However, JMC does not always mean equal parenting time. The court may still designate one parent as the primary conservator, with the right to decide where the child primarily lives. In rare situations—such as cases involving family violence, abuse, or other serious concerns—the court may grant Sole Managing Conservatorship (SMC), giving one parent most or all decision-making authority.

When deciding custody, Texas courts weigh several factors, with the best interest of the child as the guiding standard. Judges may consider who has been the child’s primary caregiver, the stability of each home, any history of abuse or neglect, and the child’s wishes (if the child is 12 or older). The outcome of this process is a parenting plan, which outlines each parent’s rights, duties, and schedule for possession and access (visitation). Because these cases are deeply personal, your attorney will ask detailed questions about your marriage, your spouse, and your family life. While these may feel difficult to answer, this information is critical to presenting your case effectively in court and ensuring that the custody arrangement supports your child’s well-being.

Key Things to Know About Texas Child Custody Laws

  • Custody is called “conservatorship” in Texas.
  • The law presumes it’s best for both parents to share rights and duties (Joint Managing Conservatorship).
  • Joint custody does not always mean equal time—one parent may be the primary conservator.
  • In serious cases (such as abuse or violence), the court may order Sole Managing Conservatorship.
  • Judges decide custody based on the child’s best interest, considering:
    • Who has been the child’s primary caregiver
    • Each parent’s stability and parenting abilities
    • Any history of abuse or neglect
    • The child’s wishes (if age 12 or older)
  • The result is a parenting plan that sets out each parent’s rights, duties, and visitation schedule.
  • Attorneys will ask detailed questions about your family life to build the strongest case for your child’s well-being.

Frequently Asked Questions About Child Custody Cases in Texas

What rights do I have as a parent regarding custody?

In Texas, custody is called “conservatorship,” and parents may be appointed as either joint managing conservators or, in limited cases, sole managing/possessory conservators.

  • Joint Managing Conservatorship (JMC) is the default. In this arrangement, both parents share most rights and duties regarding their child. One parent is usually given the exclusive right to determine the child’s primary residence (often subject to a geographic restriction).
  • Possessory Conservator: If one parent is named the primary conservator, the other parent is usually given visitation rights (called “possession and access”), along with rights to receive information about the child’s health, education, and welfare.

Regardless of title, both parents typically retain important rights, such as:

  • The right to spend time with the child according to the court’s order.
  • The right to participate in decisions about education, medical care, and general welfare (unless restricted by the court).
  • The right to access the child’s records (school, medical, dental, etc.).

For unmarried parents, paternity must be established before a father has enforceable custody or visitation rights. Once paternity is confirmed—through an Acknowledgment of Paternity (AOP) or court order—fathers have the same legal rights as mothers to seek conservatorship and possession orders.

If the parents are married, both share equal rights to the child until a court issues a custody order as part of a divorce or custody proceeding.

What if my ex-partner and I can't agree on custody?

If you and your ex-partner cannot agree on custody in Texas, the next step is often mediation or, if necessary, a court hearing where a judge will decide based on the best interest of the child. A child custody attorney in San Antonio can guide you through the process, represent your interests, and help you work toward an arrangement that protects your child and your parental rights.

Until a formal custody order is in place, both parents generally share equal rights and responsibilities for the child. However, without a court order, disputes can quickly lead to confusion and legal complications. Having a custody order in place provides clarity, enforceability, and stability for both parents and the child.

What should I do if the other parent violates the custody order?

If the other parent repeatedly violates the custody order, you can file an enforcement action in court asking the judge to hold them in contempt. Consequences may include fines, attorney’s fees, or even jail time, depending on the severity and frequency of the violations. The goal is not to punish but to ensure compliance and protect the child’s best interests.

As of September 1, 2025, Texas law now requires a court to treat a fourth contempt finding (after three prior findings) as a material and substantial change in circumstances. Also, there is no suspension of commitment or community supervision, attorney’s fees are mandatory–the court cannot waive them, and makeup time is mandatory for double the duration of missed time. This means in some cases, the violating parent could face mandatory jail time and may lose the right to be the primary conservator.

How long does the custody process take?

The length of a custody case in Texas depends on whether the case is uncontested or contested. If both parents are in agreement, an uncontested case can sometimes be resolved in just a few weeks once the paperwork and parenting plan are finalized.

Contested cases, however, can take much longer—sometimes many months or more—because they often require multiple hearings, mediation sessions, and, in some situations, a full trial. Most parents are able to reach a settlement through mediation or negotiation, but when that isn’t possible, the case may proceed to trial so a judge can decide based on the child’s best interest.

The good news is that an experienced custody attorney can help streamline the process, reduce unnecessary delays, and keep your case moving forward while protecting your rights.