Navigating Child Custody in Texas

West & West, Greer & Estorga
handles custodial issues that include conservatorship, rights and duties, possession and access, and visitation. Our firm represents families in San Antonio/Bexar County, Seguin/Guadalupe County, Kerrville/ Kerr County, Bandera/Bandera County, New Braunfels/Comal County, and Boerne/Kendall County.

Our goal is to make sure clients are informed while working toward resolutions that ensure the safety and stability of the child(ren) involved. Emotions run high in these sorts of cases and we work to find a solution that keep the parties focused on moving forward towards an end result that will be in the best interest of the child(ren).

Custodial issues in family law cases involve matters like conservatorship, parental rights and duties, possession and access, and visitation, all of which play a crucial role in ensuring the well-being of the child….

What can I ask for from the court?

Every case is fact specific, so it is important to make sure your attorney is aware of all of the issues involved in your case. From there an attorney can better advise you as to what is most appropriate to ask for in your case. It is important that you have a base understanding of what the various terms mean so you can best articulate what you are hoping to achieve from your case. Some of the terms you should familiarize yourself with are: conservator, possessory conservator, parental rights and duties, and possession and access.

What type of cases involve these issues?

If you are currently married and seeking a divorce (I have this as a hyperlink to my divorce page) that involves minor children, then these issues will be brought up in your petition for divorce. If you are not married but have children with the other parent, then your suit affecting the parent child relationship (I’d like to have a hyperlink to this page, which has not been created but is attached to this ticket request) will also address these issues. If you already have a final order in a divorce or suit affecting parent child relationship and are seeking to modify (I have this as a hyperlink to my post divorce modifcation page) your current orders, then it is very likely that these some of these issues may be encompassed in your suit for modification.

How can I prepare for these types of hearings?

The best way you can prepare is to get as much tangible evidence as you can to provide your attorney with at the outset; this includes easily obtainable items such as: text messages, emails, photos, recordings, etc. If you do not have access to documentation that you believe is relevant to proving your case your attorney can use the discovery process to try to obtain important evidence. It is important to discuss with your attorney what documentation you have or believe may exists so that you can work together to prepare your case.

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Specializing Attorneys on this Area

Senior Associate Attorney Jessica Estorga
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Senior Associate Attorney Jessica Estorga

50/50 Custody Arrangements FAQs

1. What is a 50/50 custody agreement in Texas?

A 50/50 custody agreement in Texas is a co-parenting arrangement where both parents share equal time and responsibility for their child’s upbringing. This arrangement is designed to maintain stability and continuity for the child, promoting emotional well-being and healthy development.

2. How does a 50/50 custody agreement benefit children emotionally?

3. How does shared custody affect parental involvement?

4. How can parents ensure effective communication in a 50/50 custody arrangement?

5. What role does consistency play in a successful 50/50 custody agreement?

6. How does a 50/50 custody agreement impact the child’s routine?

7. What are the challenges of implementing a 50/50 custody agreement?

8. What should parents consider when creating a parenting plan for a 50/50 custody arrangement?

9. What evidence can support a parent’s ability to co-parent effectively in court?

10. What impact does a 50/50 custody agreement have on child support arrangements?

West & West, Greer & Estorga

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Frequently Asked Questions

The only way to get legal answers catered specifically to your situation is by scheduling a consultation with a Texas lawyer. However, the following general questions can give you an idea of what you’re up against.

Are court orders set in stone?

In many instances, court orders can be appealed to higher courts, or a new lawsuit can be filed to modify the order at a later date. An example we often see is divorce orders being modified at a later date when a substantial change in circumstances has occurred, making such modification necessary. The options available to you will depend heavily upon the type of case you have and the unique circumstances of your situation.

Do you need a family lawyer for an uncontested divorce?

Even if your divorce is uncontested, working with Texas attorneys can still prove advantageous. That’s because there are certain requirements that every divorce must meet. If a judge doesn’t like the child support, alimony, or division of property agreement you’ve reached with your ex amicably, the court could reject the agreement. This could put you right back at the start. Let an experienced family law attorney review your case and ensure everything is ready to go.

How do you choose the best attorney for your case?

No one in the Lone Star State can claim to be the best lawyer in Texas. The simple fact is that all law firms have different strengths. For instance, you wouldn’t want to take your divorce case to an attorney who only handles real estate. Similarly, a divorce attorney who does not deal with issues involving domestic violence would not be appropriate in all situations. However, this is precisely why we have legal professionals with broad backgrounds — so we can offer dedicated service to more of our fellow Texans.

What if I have a legal issue in another city or state?

If you have a case outside of our local area, it could create jurisdictional issues. However, this will not always be the case. For instance, a Texas personal injury case can often be heard in various jurisdictions — based on the underlying circumstances of the situation.

Are there options other than bankruptcy?

Bankruptcy is the right decision for many. However, it’s important to remember that it’s also a drastic measure. In many instances, there are alternatives to bankruptcy that could help you get debt under control without hurting your credit for years to come. Everyone’s situation is different, so it’s important for you to speak with a Texas lawyer to understand your options and potential alternatives. Schedule your confidential consultation with us today, and we’ll help you figure out the best way forward.

Does writing a will help avoid probate court?

A lot goes into estate planning — from tax planning to elder law. However, the most common questions our Texas lawyers still get from prospective clients always involve probate. While having a will is important, it does not bypass probate. However, there are certain strategies (e.g., trust creation, beneficiary designation) that can accomplish this task. Let our Texas probate lawyers assist.

What estate planning strategies should I use?

At a very basic level, everyone should have a will. However, everyone’s situation is unique in some way. A valid will could be all that you need — but others may benefit from trusts, conservatorship, living wills, powers of attorney, and other critical estate planning documents. Our experienced estate planning lawyers will review your situation and help you create a plan that meets your needs.