How Our Possession and Access Rights Lawyer in San Antonio Can Help Your Case
Going through a divorce can be a difficult situation for both you and your spouse. But when children are part of the situation, your level of concern almost certainly will increase significantly. You may have a plan for how to handle visitation and custody situations for the children, but your spouse may completely disagree with you. Our San Antonio visitation lawyer will work hard to try to help you and your spouse come to an agreement regarding the kids. If your spouse and his or her lawyer refuse to negotiate with us in good faith, count on our team to fight hard for your rights.
Once you hire us, we will explain all your options and give you the confidence you need to make a decision about how to proceed. Our child visitation lawyer is ready to work hard to help you receive the custody and visitation order you are seeking. Call Amsberry Law Firm as soon as possible for a review of your case at (210) 354-2244.
Our San Antonio Visitation Lawyer Will Explain Texas’ Child Custody and Visitation Terminology
According to the Office of the Attorney General, during visitation and child custody hearings, Texas courts use official terminology that differs from what is used in some other states. Count on our visitation rights lawyer to give you the information you need to fully understand all the actions the court is taking.
Child Custody and Conservatorship
In Texas, the legal term for child custody is “conservatorship.” This term refers to the legal definition of the parent’s relationship with the child after receiving a court order.
Possession and Access
Texas uses the terms “possession” and “access” to describe the visitation and physical custody rights of the parents. As part of the decision regarding possession and access, the court often will issue a Standard Possession Order (SPO) that provides an outline for the amount of time each parent will have with the child. This outline also will determine the conservatorship for the child, which refers to the child custody rules for each parent.
When determining the baseline schedule for possession and access under the SPO, the court does not have to give each parent an equal amount of time. If one parent works an odd job schedule, he or she may end up with less visitation time, for example. The court also will consider the distance between the primary residences for each parent. If the two ex-spouses live within 100 miles of each other, the court may issue a different SPO than if they live more than 100 miles from each other.
Whatever schedule the court eventually approves will always center on the best interests of the child, which works to ensure the child’s schedule is as stable as possible while giving both parents time with the child. After the court issues an SPO, the parents can agree to negotiate some tweaks or different terms in the visitation rights set forth in the SPO, and our possession and access lawyer can help with this.
Joint Managing Conservator
When both parents share decision making duties for the child, Texas calls the parents “joint managing conservators.” The courts prefer to have both parents share the decision-making responsibility as joint managing conservators. Even under this type of conservatorship order, the child may live with one parent primarily, meaning this parent becomes the custodial parent.
Sole Managing Conservator
When the courts name one parent as the “sole managing conservator,” this designation gives this parent the right to make most decisions about the child’s welfare. This is not common unless the other parent has a history of physical abuse, drug abuse, or alcohol abuse. Or, if one parent does not have an interest in being in the child’s life, the courts may make the other parent the sole managing conservator. (Texas statutes sometimes call this person the custodial parent.)
Possessory Conservator
When one parent receives the designation of sole managing conservator, the court may name the remaining parent as the “possessory conservator,” which gives this parent very limited rights regarding the decision making for the child. Even with these limited rights, the possessory conservator still retains the ability to have visitation with the child. In some instances, Texas refers to the possessory conservator as the non-custodial parent (NCP).
Our San Antonio Visitation Lawyer Is Ready to Work on Your Case Immediately
Because of the uncommon terms Texas uses regarding child custody, such as conservatorship, possession, and access, the team at Amsberry Law Firm understands that you may feel some confusion about the process. Trust that our San Antonio possession and access lawyer will always work to explain the situation in terms you can understand. The majority of our clients are going through this process for the first time in their lives, so we work extremely hard to help them understand what is happening at every step along the way. For a review of your case, call us today at (210) 354-2244. We serve the San Antonio area and the surrounding counties.
FAQs Heard From Our San Antonio Possession and Access Attorney
After you hire us, our San Antonio visitation attorney will be ready to answer any questions you may have. We understand that visitation hearings can be confusing to go through, which is why we place so much emphasis on constant communication with our clients. We do not ever want you to feel like you do not know where your case stands. To give you an idea of the way we tackle cases involving child visitation hearings in Texas, here are some of the most common questions we hear from new clients.
What are reasonable rights of visitation in San Antonio, Texas?
Family law courts in the state of Texas prefer that both parents have a role in the life of the child. Texas judges will allow the two parents to try to develop a schedule for visitation that works out for both of them, which is where our child custody attorneys can help. One common setup may involve having the non-custodial parent receive visitation every other weekend and every other holiday. Ultimately, reasonable rights of possession and access really depend on the schedules and desires of each parent when they both want to be involved.
Can the custodial parent deny visitation in Texas?
According to Texas Access, after the two parties agree to a visitation schedule, the custodial parent cannot deny the other parent visitation without a good reason. This reason potentially would include an immediate fear for the child’s safety, for example, because of the other parent’s drug or alcohol use. Outside of worries over the safety of the child, however, rarely will the courts side with the parent who is trying to deny visitation. Denials can result in court-ordered mediation to fix the problem. Repeated problems could result in a court case against the parent who is denying the visitation. If the custodial parent is denying possession and access time for you, contact our San Antonio visitation attorney, and we can help you take the legal steps required to receive the visitation rights you have.
Do I have the right to know where my child is during the other parent’s possession and access time?
If you want to have the right to know the whereabouts of your child during a visitation, you and your ex-spouse must include this request in the custody order. If the order does not force each spouse to reveal the whereabouts of the child during possession and access time, neither parent has to provide this information, although the other parent may be wiling to tell you if you just ask.
Does a child have a right to request visitation time?
As long as the child is a minor, which is less than 18 years of age in Texas, the child cannot set up his or her own visitation schedule. The child must abide by the custody order that the court approved. Judges may take the minor child’s wishes into account when making a decision about the visitation schedule, according to Texas Family Code 153.009, but the judge does not have to completely agree with the child’s wishes.
What are some actions that my ex-spouse may use against me in a possession and access rights hearing?
As a child possession and access lawyer in San Antonio, Texas, we would recommend avoiding taking actions or verbalizing ideas that could give your ex-spouse evidence that would harm your chances in a battle over visitation rights, which may include:
- Causing repeated verbal arguments
- Threatening physical abuse
- Criticizing your spouse to others
- Abusing alcohol or drugs.
Our San Antonio Visitation Lawyer Will Stand By Your Side From Start to Finish
When you are going through a divorce, it can feel like the whole world is against you. Your ex-spouse’s representatives may be exaggerating your parental record in a negative manner. They may accuse you of never putting the kids’ interests first. They may try to introduce half-truths as facts. You do not deserve this kind of treatment. Our visitation rights lawyer will vigorously defend your honor and reputation as a parent. We do not back down from a tough fight.
Our Child Visitation Lawyer Prepares for Every Eventuality
Preparation is the key to success for our San Antonio visitation lawyer. We will spend whatever time it takes to get to know you and your family. This gives us the best chance to represent your interests accurately. Before entering negotiations with your ex-spouse’s lawyer, we will study your case thoroughly and prepare for any argument that the other side may try to introduce. Our level of preparation sets us apart from another child possession and access lawyer that tries to push through as many clients as possible, rather than focusing on you and your best result.
The team at Amsberry Law Firm serves clients in both the San Antonio area and in nearby counties in south-central Texas. Our founder, Russell Amsberry, has nearly three decades of experience, serving clients as a family law and child custody lawyer. We appreciate the trust you are placing in us when you hire us for a visitation case. We take this responsibility to heart. For a review of your case, contact our team today at (210) 354-2244.
Attorney Russell J.G. Amsberry
Attorney Russell J.G. Amsberry founded the Amsberry Law Firm in 1995 with the goal of providing clients with exceptional, focused representation on their issues. His success as a legal advocate has been reflected in the numerous professional honors he has received, such as speaking engagements and inclusion in Scene in SA magazine’s listing of the best lawyers in San Antonio, a Distinguished rating from Martindale-Hubble, and an amazing rating from Avvo. [ Attorney Bio ]
