San Antonio Child Custody Lawyer

Experienced Child Custody Attorneys Committed to Helping Texas Families

Most parents going through a divorce and who are at the initial stages of a child custody dispute spend considerable time trying to understand how Texas family courts will order the amount of time that the children will spend with each parent.

Keep in mind that TX judges almost always support a schedule that is agreed-upon by the parents, so it is to everybody's benefit that the parents each take a position to ensure the other parent has an appropriate amount of time with the children.

However, when parents are not able to come to an agreement, the family courts in San Antonio look to Texas statutes to determine the scheduling of the children with each parent.

Having reliable legal representation is vital if you are preparing to negotiate your parental rights with your spouse soon. An experienced San Antonio child custody lawyer from Knowlton Law Firm can provide guidance, security, and peace of mind regarding some of Texas's most challenging aspects of child custody cases.

Our San Antonio child custody attorneys will work directly with you to determine a child custody schedule that works for all parties involved. Contact our law office by calling (210) 361-6990.

How Do Child Custody Schedules Work in Texas?

In Texas, it is presumed to be in the best interest of the child that one parent is designated as a primary parent while the other parent is placed on a standard possession order. Because of this codified presumption, the family court in Texas is likely to order a schedule consistent with a standard possession order.

The standard possession order aims to provide consistency and fairness in parental responsibilities and rights. It serves as a guideline that ensures fair parenting time while maintaining a safe and stable environment for the child. However, specific schedules can differ, allowing for more personalized arrangements that can better serve a child's unique needs.

The Importance of a Custody Agreement

When going through a child custody case, it is crucial to have a custody agreement in place to protect your child's best interests. A custody agreement is a legally binding document that outlines the rights and responsibilities of each parent regarding the care, custody, and visitation of the child.

Here are some reasons why having a custody agreement is important:

• Clear guidelines: A custody agreement provides clear guidelines for both parents on how they will share parenting responsibilities and make decisions regarding the child's upbringing.
• Stability for the child: Having a custody agreement in place ensures that the child has a stable and consistent routine, which is essential for their emotional well-being.
• Conflict resolution: A custody agreement includes provisions for resolving conflicts and disagreements between parents, helping to minimize disputes and promote a healthier co-parenting relationship.
• Enforceability: With a custody agreement, both parents are legally bound to follow the terms and conditions outlined in the agreement. This provides a level of accountability and ensures that both parents fulfill their obligations.
• Flexibility: A custody agreement can be tailored to meet the specific needs and circumstances of the child and the parents. It can address factors such as visitation schedules, holidays, vacations, and any other unique considerations.

A well-crafted custody agreement reduces uncertainties and establishes a predictable structure for the family's daily life. It's a roadmap that parents can rely on, minimizing potential areas of conflict down the line and providing the child with a nurturing and supportive environment.

At Knowlton Law Firm, our experienced San Antonio child custody attorneys can help you draft a comprehensive custody agreement that protects your child's best interests and meets your specific needs. Contact us today to schedule a consultation and discuss your case.

What Are Standard Possession Orders in Texas?

For parents in TX who live within 100 miles of each other, the parent who is given a standard possession order, that is, the non-primary parent, or whom the law calls the possessory parent, will have possession of their child on the first, third, and fifth weekends of the month, beginning on Friday at 6 PM and ending on Sunday at 6 PM.

Standard possession orders serve as a template for managing and sharing parenting responsibilities. They provide a framework that helps both parents maintain sufficient involvement in their children's lives, promoting the child's access to both maternal and paternal influences, which is crucial for balanced development.

To determine which weekend is the first, third, or fifth, we always look to whether the Friday of that weekend is the first, third, or fifth Friday of the month.

• For example, if a Friday falls on the last day of the month, that weekend will be considered the fifth weekend even though Saturday and Sunday are the first and second days of the next month and the following weekend will be considered a first weekend, therefore creating two weekends in a row for the possessory parent. This fifth weekend typically appears every few months.

Included in a Texas standard possession order are periods of possession from 6 PM to 8 PM on every Thursday evening throughout the school year. These are commonly referred to as Dinner Dates.

Schools & Holiday Breaks in Texas

The standard possession order also divides up:

• Spring break
• Thanksgiving
• The winter holidays

Alternating Holidays in Texas

Spring break and Thanksgiving alternate each year, with the mother having spring break and the father having Thanksgiving on odd years.

• That arrangement flips on even years where the father has spring break, and the mother has Thanksgiving. Thanksgiving and spring break in TX each begin when school is released for the holiday and end at 6 PM on the Sunday before school resumes.

Winter break also alternates, with the mother having the first period of time followed by the father having the second period of time on odd years.

• Conversely, on even years, the father has the first period of time followed by the mother who has the second period of time.
• The first period of time for winter break begins when school lets out for winter break. The second period of time begins on December 28th at noon and ends at 6 PM on Sunday, the day before school resumes.

These dates supersede a regular first, third, or fifth weekend, and if a parent would normally have possession of the child the weekend that holiday ends, they would keep possession of the child until when they would normally return the child.

To speak to an experienced San Antonio child custody attorney, give us a call at (210) 361-6990 or contact us online today.

Teacher Workdays in Texas

Also included for the possessory conservator in the standard possession order are teacher workdays when those workdays are Fridays or Mondays that butt up against that parent's first, third, and fifth weekend, which are, practically speaking, holidays for children.

Understanding these inclusions is vital because they can affect a child's routine and the quality of time a parent can spend with their child. Teacher workdays may provide unique opportunities for parents and children to engage in activities that enhance their relationship and create cherished memories. Being aware of these additional days also helps parents plan more effectively for family time and special activities.

If the workday is on a Monday of the possessory parent's normal weekend, possession will extend until 6 PM on Monday. If the workday is on a Friday of the possessory parent's normal weekend, possession will extend back to Thursday at 6 PM and through Friday and the weekend.

Summer Break and Texas Child Custody Schedules

Summer possession is more complicated to explain than the other holidays in TX. Basically stated, depending on what the possessory parent chooses each year, that parent will get summertime with their children for approximately 30 consecutive days.

However, this period can become a source of contention if not well understood. Parents should discuss in advance the ways they wish to divide the summer months, taking into account special family activities, camps, or trips. It's an opportunity to build lasting family bonds and create experiences that children will remember fondly as they grow older.

• However, the primary parent can elect to interrupt that 30-day possession with one weekend for their possession.
• Also, the primary parent can elect to remove one weekend of possession from the possessory parent later in the summer, effectively allowing them to have approximately 30 uninterrupted days for summertime with the children.
• The possessory parent can also choose to break up their 30-day period, as long as each block of time is made up of at least 7 consecutive days.
  • For example, if the summer were divided into two blocks of time and the first block were added immediately after a normal weekend of possession, keeping in mind that the second block of time supersedes the regular 3rd weekend time, which now does not count, the possessory parent can add two days to their summer possession.

There are a lot of different custody arrangements of time for summer possession, depending on what each parent elects, but each parent will get a few weeks of uninterrupted vacation time in the summer.

Thankfully, for involved parents who are not designated the primary parent but who nevertheless want to exercise more possession of their children than allowed by the standard possession order, in 1997 the 70th Texas Legislature amended the Texas child custody laws to allow a possessory parent, that is the non-primary parent, to elect an expanded schedule, or as we call it, an extended standard possession order.

What Are Extended Standard Possession Orders in Texas?

An extended standard possession order in TX increases the possessory parent's time from two-hour Thursday evenings throughout the school year to picking up the children after school and returning them back to school Friday morning, effectively turning a two-hour Thursday dinner-date with the children into a weekly overnight.

This arrangement can significantly enhance the relationship dynamic between the child and the non-primary parent, offering additional quality time that's crucial for maintaining strong familial bonds. These enhanced arrangements allow the child to experience the day-to-day life of both parents, fostering a more balanced upbringing.

The expanded standard possession order also provides that the possessory parent can keep the children until Monday morning, returning them to school, on their first, third, and fifth weekends of the month. These additions effectively increase that parent's time for overnights to four consecutive days on the first, third, and fifth weekends of the month and ensure that there is at least one overnight on Thursday per week during the school year.

This adjustment is designed to provide a more comprehensive parenting experience, promoting involvement in routine weekdays and school activities, which can strengthen the overall parental role of the non-primary parent.

San Antonio Child Custody Laws & Considerations

San Antonio follows Texas state laws regarding child custody, but local courts frequently consider regional cultural dynamics and community values. These factors can influence how judges perceive the best interest of the child. For example, judges in San Antonio might place a high value on family integrity and maintaining strong ties within the community, which can affect custody outcomes.

Parents in San Antonio who are navigating custody issues can benefit from understanding cultural expectations and how they may be interpreted by the court. It's essential for parents to present a living arrangement that showcases stability, a supportive community, and the opportunity for the child to thrive within the regional context. Moreover, involvement in local community activities and extended family support systems can be strong indicators of a nurturing environment for the child.

Frequently Asked Questions

What Is the Best Interest of the Child Standard in Texas?

In Texas, the best interest of the child standard is a legal benchmark used by the courts to determine the most beneficial arrangement for a child's living situation. This standard considers multiple factors, including the child's emotional and physical needs, the stability of the home environment, and each parent's ability to provide care. Additionally, the child’s preferences may be taken into account alongside the parents’ plans for resolving disputes. By focusing on the child's best interests, Texas courts aim to create arrangements that promote the child's health and happiness, ensuring both parents are involved in their upbringing as long as it is safe and conducive to their development.

Can a Child Choose Which Parent to Live With in San Antonio?

While Texas law allows children aged 12 and older to express their custody preferences in court, the child's choice is not the sole deciding factor. Instead, it is one of many considerations the court evaluates when determining custody arrangements. The judge will consider the child's maturity and reasoning behind their preference, alongside other critical elements of the best interest standard. Although the child's input can carry weight in the decision-making process, ultimate custody arrangements are decided by the court to ensure they meet the best interest of the child standard.

How Is Child Support Calculated in Texas?

Child support in Texas is calculated based on a percentage of the non-custodial parent's net income, which includes any wages, salaries, bonuses, and additional earnings minus necessary deductions like taxes. The basic percentage applied ranges from 20% for one child to 40% for five or more children. Other factors such as the cost of healthcare and daycare can influence the final amount. It's important to consult with a family law attorney to gain a comprehensive understanding of how child support calculations might impact your specific circumstances. These factors ensure that support provided by the non-custodial parent sufficiently meets the child's needs while maintaining financial fairness.

What Role Does Mediation Play in San Antonio Child Custody Cases?

Mediation serves as an alternative dispute resolution method encouraging parents to collaboratively decide on custody arrangements outside of court. In San Antonio, mediation is often recommended for resolving conflicts as it allows for more flexible and creative solutions tailored to the family's needs. It enables parents to maintain control over decisions affecting their child rather than leaving them entirely up to the court. With the help of an experienced mediator, parents can communicate effectively, resolve disputes amicably, and craft agreements that are beneficial to all involved, especially the child. Embracing mediation can lead to a more harmonious post-divorce relationship and set a positive co-parenting example.

Who Has Legal Custody in Texas if There Is No Court Order?

In the absence of a court order, both parents inherently have equal rights to the child under Texas law. This means either parent can make decisions regarding the child's education, healthcare, and general welfare. However, conflicts may arise when parents disagree on significant topics, making it challenging to reach a consensus. It is advisable for parents to seek a formal court order to clearly delineate custodial rights and avoid potential disputes. This order will detail specific responsibilities and provide a structured arrangement that is legally enforceable, which helps prevent misunderstandings and ensures both parents are committed to the child’s best interests.

If you have more questions about Texas child custody laws or would like to review your case with our San Antonio custody attorney, contact us online or call our law office at (210) 361-6990today!

Helpful Resources

• Bexar County Family Law Self-Help Center
• Getting Help with Your Family Law Case in Texas