San Antonio Child Custody Lawyer
Experienced Custody Attorney Working with You to Protect Your Child’s Rights & Best Interests
Child custody disputes are often the most contentious part of divorce and paternity cases. As a parent engaged in a custody matter, you may be worried that you’ll get less time with your child than you believe is equitable.
At The Law Office of Derek S. Ritchie, PLLC, we have worked with many families struggling with child custody matters. We are very well aware of each case's uniqueness and treat each with the individual attention required to pursue an optimal outcome.
Do I Need an Attorney for Child Custody in Texas?
It's generally advisable to have a lawyer for a child custody case in Texas. A Texas lawyer can help with evidence collection, document completion, and support throughout the legal process.
Our San Antonio custody attorney will work with you to protect your and your child’s rights and best interests throughout your case. Family matters are especially sensitive, and you can rest assured that when you hire our child custody lawyer in San Antonio, you will not only be working with a professional who knows the ins and outs of the legal system related to family law but also with an individual who genuinely cares about your situation.
To speak with our veteran San Antonio custody attorney about your case, contact us online or via phone at (210) 702-2203.
How Does Child Custody (Conservatorship) Work in TX?
Texas uses the word “conservatorship” as the legal term for custody in the state.
In a conservatorship, parents can occupy two “roles”:
- Custodial parent: The custodial parent is the caretaker the child spends most of their time with.
- Non-custodial parent: The non-custodial parent is the caretaker the child spends a minority of their time with.
There are also two types of custody:
- Physical custody, which determines where a child lives, and;
- Legal custody, which determines how much control each parent has over a child’s rights (such as the medical care they receive, where they attend school, the cultures they’re exposed to, etc.).
Two primary types of conservatorships are common during child custody disputes:
- Joint managing conservatorships (JMCs): In a JMC, the child spends time living with each parent. Whichever parent the child spends more time with (even if it’s just one more night per year) is considered the custodial parent. Generally, the custodial parent can decide where the child lives, which can also impact other factors, such as the school they attend. Courts often try to establish JMCs under the assumption that it’s generally healthy for children to spend a certain amount of time with each parent growing up. Depending on the circumstances of the case, the parents may have a nearly equal timeshare (meaning the child spends almost the same amount of time living with each parent) or one that’s slightly less balanced.
- Sole managing conservatorships (SMCs): In an SMC, the child only lives with one parent. That caretaker, the custodial parent, also generally has total control over the child’s physical and legal custody. Sole managing conservatorships are more common when one parent has been deemed “unfit” to act as a caretaker by the court.
A court may think an SMC is necessary if:- One parent has a history of violence against the child or their former spouse;
- One parent has a history of substance abuse;
- One parent has been largely absent from the child’s life.
However, it may still be possible for the other parent to see their child as a possessory conservator. Possessory conservators may only have visitation rights and may need to visit their child with another individual present to ensure they do not harm them.
How Long Do Custody Cases Take in Texas?
A custody case in Texas can take anywhere from a few months to several years. The length of time depends on various factors. If you and your ex-partner agree on a custody plan, the process can be relatively quick and easy. In an uncontested custody case, you may be able to settle within a few months or even weeks.
However, if you can't agree on a custody plan, the process can take much longer. In a contested custody case, you may have to go to court multiple times, which could drag on for months or even years.
What Factors Can Influence Custody Arrangements?
The court prioritizes the child's best interests when determining child custody arrangements. This foundational principle guides the decision-making process, ensuring that the outcome is focused on what is most advantageous for the child's overall well-being.
Why Choose The Law Office of Derek S. Ritchie, PLLC?
-
Work Directly With Your Attorneys
Derek and his team will work directly with you through every step of your case. It’s important to us that your case receives highly personalized attention. You instilled your trust in us and we will work to meet and exceed your expectations.
-
We Fight to Win
We’re competitive by nature and have a versatile legal style. We always seek an amicable outcome among different parties. We’re also prepared and ready to take your case to trial.
-
Complimentary Consultations
We strive to create an environment where you feel safe and protected. We recommend starting with a complimentary consultation to review your case together. Evening and weekend consultations are available by appointment only.