What Are My Legal Options in a Child Custody Dispute?

Divorce can be a difficult and stressful process, and we have found that nothing brings out that stress more than disagreements over what is best for the children. But what is the best way to proceed if this is the case with you? When you need answers tailored to your specific situation, a child custody attorney in San Antonio can provide you with the legal know-how that you need.

What Are My Legal Options in a Child Custody Dispute?

Texas law considers that it is good for a child to grow up with a close and meaningful relationship with both of their parents unless a clear reason can be shown as to why that is not in the child’s best interest. The law sets forth specific guidelines and frameworks for resolving disputes involving children and does not automatically favor one parent over the other.

Seeking Custody

In Texas, the term “custody” is not used in legal documents. Instead, the law refers to conservatorship, possession and access, and parental rights and duties. There are two main types of conservatorship.

Joint Managing Conservatorship (JMC)

In this arrangement, both parents share decision-making responsibilities about the child’s upbringing, although one may be granted the exclusive right to determine the child’s primary residence. Parents will have to work together to make decisions about the child’s education, health, and other parenting matters. This is the standard form of conservatorship.

Sole Managing Conservatorship (SMC)

This type of conservatorship is typically awarded in cases involving abuse, neglect, domestic violence, or serious conflict between the parents. One parent is given the exclusive right to make most decisions about the child.

Possession and Access

This is what is commonly known as “visitation.” Possession and access determine when each parent has physical time with the child. The court may grant a Standard Possession Order (SPO), which outlines a visitation schedule that presumes both parents live within 100 miles of each other. If you live farther apart, modified schedules may apply. Possession Orders are determined based primarily on what is best for the child.

Filing a Suit Affecting the Parent-Child Relationship (SAPCR)

Any legal action regarding child custody in Texas must begin with a Suit Affecting the Parent-Child Relationship (SAPCR). This can either be part of a divorce proceeding or a separate lawsuit. You need to file a SAPCR in family court to establish custody and visitation rights, even if you are not married to the child’s other parent.
A SAPCR covers:

• Conservatorship (legal custody)
• Possession and access (physical custody/visitation)
• Child support
• Medical support
• Rights and duties of each parent

Requesting a Temporary Order

Because custody cases can take months or even years, the court often issues temporary orders to govern parental responsibilities and visitation while the case is pending. These can be requested by either party, and they are legally binding until the final orders are issued. Temporary orders typically address:

• Where the child will live
• Who makes decisions
• Temporary child support
• Visitation rights

These early orders can make a big different to the outcome of the final custody arrangement, so it’s important that you approach them seriously and with legal representation.

Mediation

A prolonged court battle can be a source of emotional and financial strain, and the Texas courts encourage mediation and alternative dispute resolution (ADR) to help parents reach a mutually acceptable agreement regarding conservatorship and possession. A professional, neutral third party will work with you both to discuss all the important decisions you need to make and encourage you to collaborate for the sake of your child’s good. In cases where disputes or disagreements are minor, the process is often successful.

Even if you are sure that your child’s other parent is not going to agree, it can still be beneficial to go through this process. Firstly, a structured process can help you think about which issues are non-negotiable for you and which you are willing to compromise on. Secondly, courts in some counties require mediation before they will hear a contested custody case.

Modifying an Existing Custody Order

An order may be in place, but if you are unhappy with it or your circumstances have changed, it is possible to file a modification suit to legally change the arrangement if your case fits one of the following criteria:

• There has been a material and substantial change in circumstances, such as job loss, long-term illness, or substance abuse
• The current order is unworkable or no longer in the child’s best interest
• The child (age 12+) expresses a preference to live with one parent
• The primary custodian has voluntarily relinquished care of the child
• You wish to relocate

Relocation, Relocation, Relocation

In Texas, courts often place a geographic restriction on the child’s primary residence, usually limited to the county of the court or surrounding counties. This measure is to ensure that both parents can continue to have frequent contact with their child.

If you want to relocate outside the designated area, you must seek court approval. It is your responsibility as the moving parent to demonstrate that the move is in your child’s best interest. Factors that the court will consider in making this decision include the child’s educational opportunities, family support systems, career changes, and the impact that the move will have on the child’s relationship with the other parent.

Enforcing a Possession Order

In some cases, the other parent may choose to violate the Possession Order by withholding visitation, refusing to return the child to you, or otherwise interfering with your rights. If this happens to you, you have legal options.

We can file a Motion to Enforce the original custody order in the court that issued it. The court may hold the violating party in contempt, fine them, or even order jail time. If a parent wrongfully withholds a child, a Writ of Habeas Corpus can demand the child’s return. Law enforcement may be able to assist, as well, especially if there’s a clear court order being violated.

This can be a frustrating situation, but it is important that you do not retaliate by doing the same thing back to them or withholding child support. We can help you to work through the legal system to enforce your rights and show that you are a good and responsible parent.

Consult a Child Custody Attorney in San Antonio

When the decisions affect the lives of our children, we know that the stakes are high. While it’s possible to represent yourself (pro se), the legal system is often overwhelming without professional guidance, and that’s why we believe that the most effective way to approach any legal issue involving your kids is with a skilled lawyer on your side.

When you consult us, we will listen carefully to you as you explain your situation. We will give you a run-down of your legal position, your rights, and possible strategies that we might employ on your behalf if you retain us as your lawyers. Once we begin to act as your advocates, we will make sure that your interests are protected throughout the legal process.

Whether you’re divorcing, separating, or seeking to modify an existing order, an experienced lawyer can clarify your legal options for you. For personalized advice and advocacy, get in touch with us at HGC Law in San Antonio, TX.