SAN ANTONIOChild Custody Lawyer

Legal Assistance That Makes Sense

Legal jargon often makes custody agreements unnecessarily confusing in an already stressful time of your life. We will coach you through the details of your case and the correct terminology so you can navigate the process in an open and discerning manner. 

Sometimes parents can agree on a custody plan, but even uncontested custody cases need a knowledgeable guide. We’ll make sure all the correct steps are taken to secure the best possible outcome, regardless of the contested or uncontested status of your case. Contact Bineham & Gillen.

How Courts Decide To Award Custody

There are several key factors that are included in a court’s decision to award custody. The first and foremost factor is the health of the child and the health of the parents. The courts will also take into consideration who was the primary caregiver of the child. Other factors will include the location a child would be living at, a parent’s ability to care for the child on an emotional level and whether there is a history of domestic or substance abuse. 

In cases where the child is 12 years or older, the child has the option to speak to the judge about their parental preferences. Our legal representation can help you establish yourself as a qualified caretaker while maintaining a good relationship with your child.

Child Custody Enforcement And Modification

In an ideal world, all custody agreements would be mutually agreed upon by both parents and both your lives could continue to run smoothly after a divorce. Unfortunately, this is not the case for many couples. Sometimes the other parent does not follow through with visitation agreements, keeping you from your child and potentially putting the child in physical or psychological danger. This is when an enforcement order is necessary. Enforcement will compel the other parent to abide by the terms of the agreement at the risk of fines, jail time or both. 

In other cases, schedules and lifestyles change, which can make custody agreements difficult or impossible to follow through with. If this is the case, you will have to make a modification to the predetermined agreement. Oftentimes, parents can work this out on their own, but when the other parent disagrees, the modification will have to be taken through the court. 

Knowing Your Rights An A Child Custody Case

In any custody case, it’s important to be aware of your rights. If you are unable to reach a custody agreement on your own, the court will decide. It is vital to have an advocate representing you during this process. Our attorneys have represented mothers, fathers and grandparents in custody cases, so they understand the specific challenges each party might face in the court.

Who Is Considered Immediate Family?

One of the most common questions when navigating the murky waters of child custody is who has the primary rights to the child in question. “Immediate family” is defined as all people related by blood (siblings, parents, grandparents, etc.) or that are legally part of the family (marriage, adoption, etc.). Knowing your rights to visitation or custody for a grandchild or step-child can make a huge difference in the judge’s decision.

We can also assist you when your rights are infringed upon, like in cases where the other party illegally withholds your child from visitation. For more information on your rights or to set up representation, schedule a consultation to speak with the child custody lawyers Helotes parents know and trust.