San Marcos Child Custody Attorney

Lawyer for Conservatorship and Visitation in San Marcos, Texas Family Law Cases

When parents separate, children may be required to divide their time between two homes and adjust to new routines. As parents address issues related to child custody, they can take steps to provide stability for children by making sure they understand who will make important decisions and when children will spend time with each parent. In family law cases involving children, parents will need to understand what issues will be addressed and how they can reach agreements that will protect their children's best interests.

The attorney at Hill Family Law represents parents in San Marcos and the surrounding communities in child custody cases. He can help establish orders for conservatorship and possession and access, assist with modifications when necessary, and provide guidance on the options for enforcement of child custody orders. He has extensive experience in contested child custody matters and cases involving agreements between parents, and he can work to achieve an outcome that will meet a family's needs.

The Standards for the Best Interests of Children

When family courts make decisions about child custody, they will focus on one primary question: what arrangement is in the child's best interest? To determine how to protect children's best interests, courts may consider children's emotional and physical needs, their wishes, each parent's ability to meet children's needs, the stability of each parent's home, and each parent's plans for their children.

In practice, judges will want to make sure a parent will be able to provide a safe, consistent, and nurturing environment for children. They will also look at whether each parent is willing to support their children's relationships with the other parent. In many cases, they will look for solutions that will allow children to maintain good relationships with both parents while giving both parents the ability to spend a reasonable amount of time with their children.

Joint or Sole Managing Conservatorship

The term "conservatorship" is used to describe a parent's authority to make major decisions for their children. Courts can name both parents as joint managing conservators, or one parent may be named as the sole managing conservator.

In general, family courts will presume that naming parents as joint managing conservators will be in a child's best interest. This arrangement can work well when both parents have been involved in their children's lives, can communicate respectfully about important matters, and live close enough to each other to coordinate transportation to school and activities.

Sole managing conservatorship may be appropriate when one parent has not been closely involved in raising children or when there are concerns about children's health and safety while in a parent's care. This option may also be used in cases where conflict between parents is so intense that they cannot make decisions together or prevent a child from being exposed to arguments, tension, and other issues that could lead to emotional distress.

Possession and Access

What people may refer to as physical custody or visitation is known as "possession and access" in Texas. A schedule will be created that will determine the rhythm of children's lives as they move between the parents' homes. Parents have several options for creating a schedule that will allow children to have meaningful time with each parent.

A standard possession schedule may be used in some cases. It may state that children will live with one parent most of the time, and they will stay with the other on alternating weekends and one weekday evening during the school year. The schedule may also provide more time with a parent during summer vacations, and holidays may be rotated between parents from year to year.

Parents may negotiate agreements that allow for other types of schedules that will fit their family's lives. Some families may use a week-on, week-off rotation, while others may prefer to use a schedule where children will spend a few days at a time with each parent. Custom arrangements can also provide a "right of first refusal," which will allow a parent to care for their children in situations where the other parent is unavailable.

Enforcing Child Custody Orders

A parent who ignores their requirements under a child custody order can face consequences. They may commit violations such as refusing to return children to the other parent on time, denying visitation to the other parent, keeping children after the end of visitation during summer vacation, or moving to a new home outside of a specific geographic area.

When a violation has occurred, a parent may file a motion for enforcement. If the court finds that the other parent violated the order, it may hold that parent in contempt, award makeup time to replace the time with a child that was lost, or take other measures to ensure that a parent will meet their requirements in the future.

Modifying a Child Custody Order

Orders related to conservatorship and/or possession and access can be updated when a family has experienced a significant change. A parent's relocation, a change in a parent's health, or a teenager's desire to live with the other parent may all justify a modification.

A parent who is seeking a modification will typically follow these steps:

1. File a Petition to Modify Child Custody: A parent will need to explain what has changed in the life of themselves, the other parent, or a child and what changes are being requested.
2. Serve the Request to Other Parent: The other parent must receive formal notice of the modification request, and they will have an opportunity to respond.
3. Attend Mediation: Many courts require parents to use mediation to negotiate agreements on modifications to child custody. If they can reach an agreement, they will present their modified child custody order to a judge, who may approve it if they determine that it serves the best interests of the couple's children.
4. Present Evidence at a Hearing: If the parents cannot agree on changes to child custody, a hearing will be held where a judge will hear testimony and review evidence. The judge will decide whether to grant the modification request, and they will determine what changes will be made and what steps will be taken to protect the children's best interests.

Contact Our San Marcos, TX Child Custody Lawyer

At Hill Family Law, our lawyer can help a parent negotiate child custody agreements during a family law case, take steps to enforce existing orders, or assist with modification requests. Contact our San Marcos, Texas legal and physical custody attorney at 830-229-2129 to schedule a free consultation.