Rely on Our Experienced Team of Child Custody Lawyers
Custody arrangements can be the most challenging part of divorce proceedings. Our child custody attorneys in San Antonio have witnessed the emotional upheaval that child custody battles can create in families. This is why our team at Amsberry Law Firm dedicates itself to keeping your children’s well-being at the center of the custody agreement process, particularly when disputes arise. Our compassionate attorneys understand the stress that a divorce creates, even when it is amicable. As we help you navigate the child custody process, we will make it as smooth as possible. We will ensure your children’s interests are at the center of any agreement we draft or negotiations we handle.
How Our Children’s Custody Lawyers Will Help You
What to Expect When You Work with Our Team
In nearly all child custody cases in Texas, both parents want what is best for their children. However, they may vehemently disagree on how to achieve this outcome. Our children’s custody lawyers at Amsberry Law Firm are ready to help you work successfully through all aspects of your custody case.
We will:
- Negotiate and draft your custody agreement
- Negotiate and draft your custody parenting plan
- Submit all legal documents to the court
- Represent you and your children if disputes arise
- Ensure your custody plans focus on the best interests of your children
- Address child relocation disputes
- Handle future modifications to your custody agreement.
Our extensive experience with child custody cases in Texas will benefit you and your children because we can make the process of reaching an agreement about child custody easier. We will keep you well informed every step of the way. You’ll know how the process works and what to expect next.
Why Choose the San Antonio Child Custody Lawyers at Amsberry Law
Trust Our Divorce and Custody Lawyers with Your Case
We understand the challenges child custody cases and hearings involve. Our divorce and child custody lawyers will give you the advice you need to help you through this challenging time. You can depend on our experience, knowledge, and skill to guide you and obtain the best outcome for you and your children.
There are other good reasons to choose Amsberry Law Firm.
- We have helped parents in child custody cases in the San Antonio area for over 25 years.
- We have a Board-certified family law team.
- We are members of the Texas Academy of Family Law Specialists.
- We have a long history of grateful clients.
- We leverage our vast experience in custody cases to tailor our strategy to your needs.
Why You Want Russell Amsberry on Your Side in a Texas Child Custody Case
Through the Texas Board of Legal Specialization, Russell Amsberry carries board certification in family law. Less than one percent of all family practitioners have been conferred this distinction due to rigorous screening by other practitioners and judges, as well as passage of an additional specialty exam. His experience level spans over 25 years, giving him the ability to represent our clients with the greatest level of care and attention to detail.
We Tailor Our Approach to Meet Your Needs
Our San Antonio child custody lawyers will fight as hard as we can to help you win the judgment you and your children deserve in your family law case. We always keep the well-being of your children front and center throughout the process.
We understand that each child custody situation is unique. We tailor our strategy to match the nuances of each particular case. Our clients appreciate our willingness to go the extra mile, particularly when we handle difficult cases.
How Does Child Custody Work in Texas?
In Texas, the state’s family law policy attempts to assure that children have contact with both parents, as long as the parents are acting in the best interests of the children. The courts uphold state law by insisting on custody agreements that keep both parents involved in their children’s lives, when possible. The state wants parents to share in the process of raising the children, even after a separation or divorce.
What Is a Conservatorship? Understanding the Legal Term in Texas
While most parents use the term “custody,” Texas law uses “conservatorship” and “managing conservator” to reference a parent or guardian with custody of a child. Parents can be awarded sole or joint conservatorship, but the courts lean heavily toward agreements that establish joint conservatorships. There are exceptions. For example, if one parent has a history of domestic violence or sexual abuse, the state recognizes the potential danger to the children. The court then may award sole custody (a “sole managing conservatorship”) to the other parent (FAM § 153.004).
In Texas, it is best to file a “parenting plan” with the court that defines the details of a custody arrangement. This plan can help the court make decisions regarding:
- with which parent the children will have their primary residence
- a visitation schedule
- physical care and support
- education of children.
Parenting plans are usually quite specific and include provisions that ensure custody arrangements will cause as little disruption as possible to the children’s daily routines.
What Factors Does the Court Consider in Texas Child Custody Cases?
Texas courts always keep the well-being and best interests of the child in mind, above all else, as they weigh the factors in a child custody case and determine their ruling (FAM §153.002). Some of the steps the court takes includes gathering information that will affect the lives of the children after a divorce. The court will:
- Investigate actions that indicate one of the parents is unfit for joint custody
- Investigate living conditions in the separate homes of the parents
- Determine willingness of parents to accept assistance with parenting classes
- Investigate any potential for physical danger to the child
- Investigate any potential for emotional danger to the child
- Determine the ability of one or both parents to meet any special needs for education or medical care that the child may have
- Take the wishes of the child into consideration, if he or she is at least 12 years old
- Determine how each parent’s job situation and schedule may help or hinder caring for the child.
The court will weigh these types of factors in attempting to find the best situation for the child, whether that involves joint custody or sole custody.
Finding Answers About Child Custody Cases in Texas
Common Questions Clients Ask Our Child Custody Attorneys
The opposing parties in child custody cases rarely agree on even the most basic items involved. Having an attorney who knows the law thoroughly and who knows how to gather the facts to give the court the information it needs is important. Our child custody lawyers in San Antonio, TX, have the capability to handle all kinds of custody cases, even situations involving significant complexities. We take pride in fighting hard for our clients, ensuring that they and their children’s best interests receive the full attention from the court that they deserve.
What is a possession order?
In Texas child custody law, “possession” is the legal term for visitation rights. This can seem confusing, because the word possession would seem to indicate a permanent situation, rather than referring to a visitation. The possession order will spell out the amount of time each parent can spend with the children.
How does custody work without a court order?
In the State of Texas, a child custody agreement that doesn’t include a court order is unenforceable from a legal standpoint. The two parents may agree on their own to a certain set of rules regarding the care of the children, without a court order. However, if one parent violates the agreement, the other parent has no legal recourse. Once a court order (a legal agreement regarding child custody) is in place, the courts can then enforce it.
How does joint child custody work in Texas?
With joint custody the two parents will share the process of making decisions in the best interests of the children. Texas law refers to the two parents as “joint managing conservators.” With joint custody, one parent may still have more visitation time with the children than the other parent. The children probably will live primarily with one parent in joint custody, rather than splitting living time equally. The idea of joint custody simply refers to the decision-making.
How does sole child custody work in Texas?
Occasionally, the court will award sole custody to one parent, meaning this parent has the right to make decisions regarding the well-being of the children. (In Texas, the legal term for the parent with sole custody is “sole managing conservator.”) Some of the reasons the court may award sole custody include physical abuse, violence, drug abuse, or alcohol abuse from one of the parents. Under the circumstances, a court may not only make a finding of sole managing conservatorship but may also impose additional requirements, such as supervised visitation and possession, submission to counseling, anger management, or random drug testing, as it may find in the best interests of the children.
Does my child have a say in custody?
According to state law, children do not have the right to make the final decisions about which parent they will live with or on any aspects of custody. However, the court will in some cases strongly weigh the wishes of the children for living arrangements once they reach age 12. Should a child report abuse from one of the parents, the court will take this into consideration in determining custody, too. Having a specialist who can develop questions to assist the judge in meeting with the child/children in chambers can in some cases be determinative of the ultimate ruling. Our child custody lawyers can assist in developing and showcasing the evidence to your best advantage.
We understand all child custody cases are different and you may have other questions about your situation. We are ready to help. Contact our San Antonio child custody lawyers at Amsberry Law Firm to discuss your concerns and get answers.
Should I Get a Lawyer for Child Custody?
How Our Child Custody Lawyer Can Benefit You and Your Children
Before taking the leap to hire an attorney, some parents wonder, should I get a lawyer for child custody? State law does not require people involved in a child custody hearing or lawsuit to hire legal counsel, according to Texas Law Help. However, there are significant benefits to hiring our firm as your children’s custody lawyers. Our attorneys fully understand how the courts operate in these matters. We will use the unique facts in your case to tailor our representation.
Once you choose to hire us, we will answer any questions that may pop up during the case and will keep you abreast of all developments as they happen. You can count on our dedication to your case from our first conversation until the court rulings are finalized. And if you need future help with modifications to your custody agreement should circumstances change, we will be here to serve you. Call the Amsberry Law Firm as soon as possible at (210) 354-2244 to schedule a consultation.
In Our Client’s Words
Learn How Our Family Lawyer Handled a Difficult Case
”I cannot say enough about Mr. Amsberry and his paralegal Jennifer. Mr. Amsberry has been a godsend to me and my son. He helped me with obtaining full custody of my son and also getting child support. He is very knowledgeable and always willing to help. Thank you Mr. Amsberry I would not be happier with the results of my case. If you are looking for someone to fight for you and work only for YOU!! Call Mr. Amsberry!!” – Nicholas Rodriguez (Google Review)
What Are the Most Common Reasons to Hire One of Our San Antonio Child Custody Lawyers?
Although Texas state law does not require those involved in a divorce or child custody battle to retain an attorney, hiring one of our skilled San Antonio child custody attorneys will help your case tremendously. Six of the best reasons to hire our team are:
- Diffusing emotional tension. Given custody negotiations can quickly turn into custody disputes, our child custody attorneys work hard to reduce the emotional tensions in your case. Keeping emotions in check will not affect our ability to fight to help you and your children receive the best potential outcome. We do not back down when the other party is trying to introduce false or fabricated evidence into the case.
- Your spouse hired an attorney. When your spouse has an attorney, you will want to hire our San Antonio child custody attorneys to even the playing field. You hopefully only have to go through a separation or divorce once in your life. This means you will not have the experience in cases like this that our child custody attorneys have. Our firm has handled over two thousand family law cases.
- Your spouse changed your verbal agreement. You and your spouse may have an unofficial agreement in place regarding custody immediately after the separation or divorce. You may be happy with this agreement. However, if your spouse decides to suddenly change the agreement or to deny you visitation, hiring our children’s custody lawyers to help is a good idea
- Your spouse is making major decisions without you. If you and your spouse agreed to joint custody of the children, you both should agree on any major decisions regarding the kids. However, if you find that your spouse is making medical decisions or is enrolling the kids in a new school without consulting you, this may not be following the rights and duties already ordered by the court. In a case like this, you may need a court order that sets out what joint custody means. Our child custody lawyers can help you take the steps toward customizing this court order to your best advantage.
- You may have personal issues that place you at a disadvantage. Texas courts attempt to give both parents joint custody in as many child custody cases as possible. However, when one spouse has committed crimes or has personal problems that could affect the well-being of the kids, the court will consider sole custody. If you are facing this type of situation, winning a favorable judgment in your child custody case will be challenging. We will work with the court to show why some of the accusations are not true or how you changed your life after undergoing treatment/counseling. Our children’s custody lawyer has experience in developing a narrative to showcase reasons why the former concerns are no longer applicable and where step-up provisions can be drawn up to bring you back to equal footing with the other parent, as a joint managing conservator.
- You believe your children are in danger because of your spouse’s living arrangements or abuse. The living conditions for you and your spouse may change quickly after a divorce. The initial court order regarding child custody after the divorce will reflect the original living conditions. However, if your spouse suddenly moves in with a partner who could be abusive, takes a job with odd working hours, or begins using drugs or alcohol regularly, your children could be in danger. You may want to go back to the court to ask for a reconsideration of the child custody judgment. By hiring our team to represent you in this case, we can present the new facts to the court. Without the evidence we collect and the arguments we make on your behalf, you may find the court will not take your accusations as seriously when you represent yourself.
With our experience spanning over 25 years, our list of past clients in the thousands and our Board certification, it’s tough to find a better option. Give our team a call at (210) 354-2244 so we can help you today.
Work with a Trusted Child Custody Attorney in San Antonio
You’ll Feel Relief Knowing You Have Amsberry Law Firm on Your Side
For a free consultation regarding your child custody case, call the Amsberry Law Firm at (210) 354-2244 today. We will be ready to begin working on your behalf as soon as you hire us. Our child custody attorneys in San Antonio, TX, take pride in helping children and families receive the best possible outcome in a case like this.
We never cut corners when representing our clients and advancing their interests. You can count on us to roll up our sleeves and put in the time and effort required to deliver the best possible results, as we have done for nearly three decades.
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 ]
