What to Expect When You Hire a Kerr County Child Custody Attorney
Using a Kerrville child custody attorney is critical if you want to protect your rights in the custody of your child or children. Divorce and separation are difficult and emotional. There is a lot on the line.
Most parents want the best for their children, but they may not agree on what that is. Utilizing the help of an attorney from Amsberry Law Firm provides you with the insight and support you need as you navigate this process.
Trust Our Legal Team with Your Needs
With over 25 years of experience, Russell Amsberry has a long history of providing support to parents going through these heart-wrenching situations. As our lead attorney, he will guide you through understanding your rights and passionately working to support your best possible outcome. With our experience in family law, we have a solid understanding of the area’s judges and other practitioners who may play a role in your case. You can expect our Kerrville child custody lawyer to work hard on your behalf.
Legal Support for Custody Matters Based on Your Needs
Your situation is unique, and we treat it in that way. We work closely with you to best understand what you are facing. Some legal situations may involve claims of domestic violence or abuse. Others may stretch across long distances. We will fight for your child custody goals as if we were fighting for our own children.
We encourage you to contact us to discuss any of your needs, including help with divorce, child support, and other aspects of family law. We encourage you not to wait any longer but to set up a consultation with our Kerrville child custody attorney by calling 210-354-2244.
What Are Your Rights in Child Custody?
One of the core services we provide to you is education about your options and legal rights. When you meet with your child custody attorney in Kerrville, TX, you will learn about any application of law that applies in your situation.
In many ways, this area of law determines how the mother and father of a child will care for that child going forward. Texas state statutes aim to encourage the child to have a relationship with both parents, though that does not always happen. In cases where domestic violence or another type of abuse is proven, the court will take this information into account before making decisions regarding custody arrangements.
Custody matters typically involve the custody, visitation, and child support payments for the children. This is completed through a Suit Affecting the Parent-Child Relationship (SAPCR). If you file this legal action, it will allow the court to have a voice in the living arrangements and decision-making for the child.
Whenever possible, our goal is to go into court with a plan that both parties agree to, allowing the parents to come together to make key decisions. When that is not possible, our child custody lawyer in Kerrville, TX, will work closely with you to determine the best type of custody arrangement for your child and then work hard to prove to the court that this is the ideal solution for the child. We go to bat for you, ensuring your voice is heard and understood.
What Factors Does the Court Consider for Child Custody in Texas?
A child custody lawyer in Kerrville, TX, can provide more specific information about your case. The court has the single goal of trying to determine the best outcome for the child. Some of the things they may consider in this situation include:
- Any incidents that could cause a parent to be unfit for joint custody
- The ability of each parent to meet the child’s special needs in areas of medical care, development, and education
- The living conditions of both parents
- The parent’s willingness to accept help, including with parenting classes
- Any physical danger the child may be in
- Emotional danger the child may be in
- Parents’ job situations and schedules that may make caring for the child difficult.
You may have very specific beliefs about these areas or others. With the help of a child custody attorney in Kerr County, TX, you can ensure that the court learns of those concerns and takes them into consideration when deciding on custody.
Why Hire Our Child Custody Attorneys for Your Case?
Our experience in helping parents fight for their child’s unique needs makes us well-qualified to help you. We are a passionate law firm committed to ensuring the best insights and support throughout this difficult process.
We encourage you to reach out to an attorney if:
- There is any risk of safety to your child if the wrong custody decision is made
- The other parent has an attorney
- You do not want to take chances with the court’s making decisions for your child
- You need special accommodations for your child
- Your child has special needs and could suffer with a change in their environment
- You simply want to be sure your voice is heard in any decisions made for your child or children.
Without a doubt, you want the very best for your family. That’s why you should consider the value of an attorney who is dedicated to providing you with the best possible outcome. Attorney Russell J.G. Amsberry and our team are here to help you. Contact us now to set up a consultation to discuss your case. Call (210) 354-2244 today for fast, reliable service.
FAQs About Child Custody in Texas
The law in this area changes constantly. Therefore, even if they have been to family court before, many of our clients have lots of questions about child custody law in the Lone Star State.
Does a Child Have a Say in Custody Decisions?
Yes and no. Typically, judges will speak with children over 12 who express a preference in writing and will consider their custody views. However, even if they’re old enough, many children don’t express custody preferences. They don’t want to take sides. Furthermore, even if a child expresses a preference without being coerced or coached, the judge has the final say in the matter. Ultimately, all child custody decisions must be in the child’s best interests, not the child’s preference. Other best interest factors include the child’s current environment, the parents’ preferences, and the division of parenting responsibilities during the marriage.
Will the Court Award Sole Custody of the Child?
Only in extreme circumstances, such as recent and verified allegations of physical violence directed at the children. Occasionally, judges might also deny custody rights if the environment is dangerous to the child’s long-term health. Verbal and emotional abuse causes such damage. So do certain parental bad habits, such as drug use and excessive drinking. However, even in these cases, judges often give parents a chance to rehabilitate themselves before they award sole custody to the other parent. Texas has a very strong joint custody presumption.
Can a Father Win Custody in Texas?
Definitely. The most recent version of the Texas Family Code did away with the last remnants of the old “tender years doctrine.” Under this outdated legal rule, mothers almost always automatically received primary custody of their children, usually with no questions asked.
That being said, many fathers who want primary custody face an uphill climb. Often, the choices that fathers make during the marriage come back to haunt them. Working late and missing soccer games might have seemed like a good idea at the time. But a Kerr County family law judge might see things differently. Additionally, while fathers need not prove mothers are unfit, they must prove that the mother is less fit.
Will the Court Consider Shared Custody?
Absolutely. In fact, as mentioned, Texas law has a strong joint custody presumption. This presumption applies to legal and physical custody.
Joint legal custody is the power to make important decisions for children, such as their schools and faith backgrounds. Technically, both parents have equal say in such matters. However, the primary custodian breaks any ties. Our Kerrville family law attorneys usually insert language into the decree that protects the interests of our clients in these situations.
Joint physical custody is the power to spend time with the children. There’s a difference between “joint” and “equal.” Usually, most families choose the traditional every other weekend and every other holiday division. Other divisions are available as well. Extended weekend visitation is a practical example. When weekends begin on Thursday night and end on Monday night, the parenting time division is much closer to 50-50, even without radical changes to the visitation schedule.
Call the Amsberry Law Firm for a Case Review
For a 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 Kerrville, 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 ]
