San Antonio Visitation Modification Lawyer

Our Child Visitation Lawyer Fights Hard for Your Rights

After a divorce in which children are involved is commenced, both parties need to put together a visitation agreement. This is an agreement that shows that one parent, who does not have custody of the children, or the non-custodial parent, has the right to spend time with the children. Even though you and your spouse have a visitation agreement in hand, you may find after a while that it no longer works for you or the children.

In a case like this, you have the option of attempting to seek a change in the visitation agreement. It is not easy to change a visitation agreement once it is in place, as Texas courts require that any changes that occur must be significant and must primarily be in the best interest of the children. If you would like to attempt to seek a change to the visitation schedule, our San Antonio visitation modification lawyer is ready to discuss the case with you.

Understanding the Terms Texas Uses for Visitation Modification

One of the most common things our modification lawyer helps our clients with is understanding the terminology Texas courts use in situations like this. Although most states refer to the process as child visitation, Texas law uses terms like child possession, child access, and parenting time to describe visitation, according to Texas Access. This can be extremely confusing for our clients, especially those who may be from out of state.

We typically refer to the situation as child visitation when talking with clients, just to make it easier to understand. However, we want you to know that you may hear other terms during hearings.

How Our San Antonio Visitation Attorney at Amsberry Law Firm Can Help

When you begin looking into seeking a modification to your child visitation agreement, you may find that quite a few law firms shy away from this type of work. It can be extremely difficult to convince a judge to hear a modification case. Many law firms do not want to devote the time required to seek a change in visitation rules.

Behind Attorney Russell Amsberry, though, Amsberry Law Firm does not let challenges detour us from seeking the best outcome for our clients. Our San Antonio visitation modification lawyers are always willing to listen to our clients’ stories, as well as their hopes for the outcome of their case. After we listen to all the facts, we then will give you our recommendation for how we should proceed. We want to be able to work with our clients as a team to seek the best outcome.

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Why Choose Our San Antonio Visitation Modification Lawyer

We founded our law firm nearly three decades ago, so you can trust us to be with you from start to finish. Some of the best assets our San Antonio visitation modification lawyer will offer, include:

  • Extensive trial experience
  • Extensive experience presenting information to judges
  • Strength in negotiating sessions
  • An emphasis on preparation for every aspect of the case.

Additionally, Russell Amsberry has experience as a Judge Advocate General in the U.S. Army. He holds board certifications from the Texas Board of Legal Specialization in family law, and labor and employment law, something that less than 1 percent of lawyers practicing in Texas can claim. He puts all these strengths and experiences to work on your behalf as a modification lawyer.

Clients Trust Our Child Custody Modification Lawyer

We believe in being as honest as possible with our clients. Sometimes, this means telling clients something they may not want to hear. However, we do not believe in making false promises about the potential outcome of a case, as this would only cause our clients to not trust us if things do not work out as we promised. By being truthful with you, our San Antonio visitation modification lawyer can begin working on some different tactics or strategies for the case, where we may be able to work toward a successful outcome.

Clients trust our approach and our honesty. Our client testimonials, let us know just how much our past clients appreciated our dedication to their cases. Read through the testimonials for our San Antonio visitation lawyer to gain a feel for how we will treat you when you hire us for your own case. Let Amsberry Law Firm give you the highest level of service.

Negotiations to Seek a Change in Visitation

When our client comes to our visitation lawyer to seek a change in visitation rules, one of the first things we often discuss is whether our client believes his or her ex-spouse will be against the modification. According to Texas Law Help, changes to visitation can fit under one of two situations.

  • Uncontested: If the modification is uncontested, this means that your ex-spouse either agrees to our request for changes to visitation or does not respond to the court when we file our request for a change to visitation. If your ex-spouse does not participate in the proceedings, the court could simply grant our request.
  • Contested: A contested modification to child visitation means that your ex-spouse does not want to agree to our request for changes to the visitation schedule.

Even in a contested modification to child visitation, it is possible that we will not have to go through a contentious court hearing. Our San Antonio visitation modification lawyer will reach out to your ex-spouse’s representatives. We will ask if they are willing to negotiate over a change in the visitation schedule. They might be willing to talk over our requested changes in exchange for a benefit that we provide. If we can come to an agreement with negotiations, we may be able to speed up the court proceedings. Trust that we will prepare as thoroughly as possible for the negotiating sessions to try to work toward the outcome you want.

Our San Antonio Visitation Modification Lawyer Helps You Understand Why the Court May Change Your Visitation Agreement

When clients come to us with concerns about changing a child visitation schedule, they sometimes are unsure whether they have enough of a case to convince the court to make the change. In this situation, it can be helpful to understand the most common reasons why courts grant modifications to the visitation agreement. Such reasons include:

  • Abandonment: If the parent who has visitation rights stops spending time with the child, the custodial parent may ask for a modification that puts an end to the non-custodial parent’s visitation rights. If the non-custodial parent simply disappears from the child’s life, the court is likely to side with the custodial parent.
  • Moving farther away: If either parent decides to move farther away from the other parent, this could affect the visitation schedule. This is a common reason for one parent to ask for a modification.
  • Dangerous living conditions: If the non-custodial parent suddenly begins associating with dangerous people or develops a drug or alcohol habit, such situations could place the child in danger during visitations. The custodial parent can seek a modification to try to keep the child safe.
  • Child’s request: Once a child reaches an age where the court believes the child can make a reasoned decision about which parent the child wants to spend most of the time with, the court may modify the visitation arrangement to reflect the desires of the child.

Regardless of the reason we are seeking the modification, the court will only agree to it if it will fit under the definition of being in the best interests of the child. This is always the most important aspect of any modification case, according to Texas statute 153.002.

Please note that other reasons exist to potentially change visitation, so reach out if you are unsure whether you qualify.


Child Support and Child Possession Are Different Situations for Our San Antonio Visitation Modification Lawyer to Tackle

Our clients sometimes believe that if the court agrees to a change in the visitation rules, the court will also grant a change in the child support payments. However, child custody, child visitation, and child support are all separate issues in the eyes of the court.

If we want to seek modifications to more than one of these agreements, the court will consider each one separately. Just because we can achieve a change in the visitation schedule, does not automatically mean that a change in child support will occur, too. Some of the preparation work we do to try to seek a change in the visitation schedule may also apply to seeking a change to child support payments, but we will have to bring separate requests to the court for each item.

FAQ: Our San Antonio Visitation Modification Lawyer Is Always Available to Answer Our Clients’ Questions

At Amsberry Law Firm, we take the time to speak with our clients. Rather than rushing you in and out the door, as some firms do, our visitation attorney interviews you and attempts to learn as much about your visitation situation as possible. The only way for us to represent you to the best of our ability is by taking the time to learn your story and to understand why you need a change to your child visitation agreement.

To help you understand how our San Antonio visitation modification lawyer approaches these types of cases, here are some of the most common questions we receive, as well as our answers:

Why Do I Need to Hire a San Antonio Visitation Modification Lawyer?

Making a change to a visitation agreement is difficult. Courts in Texas do not want to change these agreements without an extremely compelling reason, because so much time goes into setting the original agreement. Having our San Antonio visitation modification lawyer on your side can help, because we know how to put together a collection of facts for the court that makes it clear why the change in the agreement needs to be under consideration. Our experience in cases like this can be a significant benefit to you.

What if I Have Concerns About My Child’s Well-being During Visitation with My Ex-spouse?

Accusations about your ex-spouse placing the health and safety of your child in danger during visitation are extremely serious. However, you will need to have facts that show why your child is in danger, rather than general feelings of unease. Trust that our child visitation lawyer will listen to your concerns and work to create a collection of facts that will attempt to cause the court to reconsider the visitation schedule.

Who Can File for a Modification of Visitation?

Either of the ex-spouses can file for a change in the visitation agreement. As the spouse with custody, you may believe your ex-spouse needs less visitation time. Or, as the non-custodial spouse, you may want to receive more visitation time. Our visitation attorney can help with either situation.

Can a Child Custody Modification Lawyer Help Me with Visitation as Well?

At Amsberry Law Firm, our child custody modification lawyer has experience with both child custody and child visitation situations. Our child custody attorneys can help with all aspects of divorce where children are involved.

Our San Antonio visitation modification lawyer believes strongly in keeping our clients up to date regularly about their cases. Part of this process involves being available to answer questions that you as a client have for us. We want the development of strategies for dealing with your modification case to be a team effort between us and you. Clear communication is the best way to handle this.

Amsberry Law Firm Is Ready to Begin Working for You Immediately

Once you choose to hire our child visitation lawyer, trust that we will start working on your behalf right away. We know that working through the Texas courts on a case regarding child visitation modification can drag on, so we want to start immediately. We understand that no parent wants to miss out on time with the children, which makes it important to try to modify the visitation agreement as quickly as possible.

Rest assured that our visitation attorney will not sacrifice thoroughness and professionalism as we work quickly. We will go through every possibility, ensuring we are as prepared as possible when the hearing regarding your modification request comes before the court. We may only have one chance at achieving the outcome you want.

With our commitment to preparation, odd occurrences in court or negotiations do not catch us off guard. For a no-obligation discussion of your case, contact Amsberry Law Firm today or call us at (210) 354-2244.

Attorney Russell Amsberry

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 ]