Custody battles are always difficult by their very nature, and the best way to get through this hard time is with the advice and help of a San Antonio custody attorney. Your attorney will make sure you understand the process as well as your rights and help you defend those rights in the courtroom while keeping you focused on the best interests of your child.

In Texas, custody is called “conservatorship,”  and this term defines a parent’s legal rights and responsibilities towards their child. There are three main types: Joint Managing Conservator, Sole Managing Conservator, and Possessory Conservator. Managing conservators make decisions for a child about important issues, like healthcare, education, and religious training. With a joint managing conservator situation, both parents share decision-making authority, though one parent may decide where the child lives if that parent is the custodial parent (i.e., the child lives with them). 

Sole managing conservator status gives one parent exclusive rights to make these decisions, and this is not as common. When it is ordered, it’s often because the other parent is unfit due to issues like abuse, neglect, or addiction. If one parent is named sole managing conservator, then the other parent is typically named possessory conservator. This noncustodial parent then gets visitation rights but has limited decision-making power and really only makes choices during their time with the child. 

Custody battles in Texas begin when one parent files a petition in family court, and this is usually part of a larger divorce or separation. The filing parent will detail whether they are asking for joint managing conservatorship, sole managing conservatorship, or some other arrangements. This petition is then served to the other parent. That second parent must respond to the petition, or the court is likely to rule by default in favor of the petitioning parent. If the parents agree on the situation, things move forward quickly. But if the parents disagree about the details, the case moves to hearings and possibly to trial and what can sometimes end up being a prolonged custody dispute.

As this situation plays out, the courts may order temporary conservatorship so that the child’s life can be as smooth and uninterrupted as possible while the parents work through their differences. In some cases, the judge will appoint a social worker or other professional to evaluate the family situation and recommend the best temporary conservatorship arrangement during this time. Whatever the social worker decides in this initial evaluation can have a big effect on the final decision, and that means it’s always wise to be cooperative and honest through this process so you make a good impression. Your lawyer will help you to understand what the courts are looking for and how to show your skill and dedication as a parent.

The next step in the process is preparing for court. This starts with a discussion with your lawyer, who will outline what kind of evidence is needed to show that you’re a responsible parent. In general, you want anything that proves your involvement in your child’s life. This could be doctor visit notes, school records, emails between you and teachers or therapists, or even communication between you and the parents of your child’s friends. If you want sole managing conservatorship, it’s also going to take a lot of strong evidence to prove that the other parent should not share managing conservatorship with you. You’ll need to show witness statements or police reports or whatever other evidence you have that shows substance abuse, family violence, or neglect. The law will always assume that joint managing conservatorship is the right choice unless there is clear evidence to the contrary.

It’s important that you have an experienced lawyer who knows the Texas Family Code and who has experience here in the San Antonio courts as you make your preparations. Your lawyer will guide you as you go through all the paperwork, help you meet all the deadlines, and explain to you what the court’s expectations are and how to meet them. Your lawyer can also help you practice for going to court by asking you questions and helping you understand what the other parent’s lawyers and the judge are likely to ask. This kind of practice helps you stay clear and calm when you actually come into the courtroom.

Getting Through Court Hearings

Working with Mediation

Custody battles are always hard, and it’s important to have experienced legal help on your side. Call the Aida Rojas Law Firm at 210-299-4600 or contact us online now to speak with an attorney.