Experienced Child Custody Lawyers in San Antonio
Our child custody attorneys will assertively advocate for your rights as a parent. We make sure that the best interests of your children are protected and you are able to spend a fair amount of time with your kids.
We represent you at all stages of custody matters, beginning with initial negotiations with the other parent. It’s representation individually tailored to your circumstances. Our attorneys have over 30 years of combined experience practicing family law, so we’re prepared to handle all types of child custody and child support cases. Whatever the circumstances of your case, we’ve handled it before.
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 in 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.
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 San Antonio parents know and trust.