At Roberson Duran Family Law, we know how emotionally challenging and legally complex custody disputes can be. Our experienced child custody lawyers in San Antonio, TX, will provide astute legal representation while maintaining respect for each party’s well-being. Our goal in each child custody case that we take is to reach a peaceful resolution that is focused on the child’s best interests.
Child Custody in Texas (Conservatorship)
In Texas, child “custody” is legally called conservatorship. Courts make decisions based on the best interests of the child, looking at safety, stability, and the child’s emotional and physical needs. Texas law starts with a rebuttable presumption that naming both parents Joint Managing Conservators (JMC) is best—unless evidence shows otherwise.
Types of Child Custody (Conservatorship)
Joint Managing Conservatorship (JMC)
Parents share rights and duties, but time isn’t automatically 50/50. In many JMC orders, one parent is given the exclusive right to designate the child’s primary residence (often with a geographic restriction). Texas law also makes clear that JMC does not require equal possession time.
Sole Managing Conservatorship (SMC)
One parent holds most decision-making rights when JMC is not in the child’s best interest (e.g., abuse or neglect). The other parent is often named a possessory conservator with tailored time/conditions unless possession would endanger the child.
Possession & Access (Parenting Time)
The Standard Possession Order (SPO) is presumed best for children age 3+; courts can customize or use Expanded SPO options—commonly used when parents live within 50 miles of each other. For children under 3, the SPO presumption doesn’t apply; judges craft age-appropriate schedules considering specific statutory factors.
Child Custody Process
Understanding how the child custody process works helps parents make informed decisions that serve the best interests of their children while also protecting their parental rights.
Roberson Duran’s child custody attorneys are committed to securing your child’s best interests. Whether you’re pursuing sole or joint custody, requesting a modification of existing arrangements, or establishing fair support payments, our experienced child custody lawyers create tailored legal solutions.
The Process for Modifying Custody and Parenting Plans
The child custody process typically begins when one or both parents file a custody petition with the family court. Both parents may be required to attend mediation to attempt to resolve custody disputes amicably. If mediation is unsuccessful, the case may proceed to a custody hearing or trial, where a judge will make a final decision.
During the custody evaluation, the court considers several factors to determine what arrangement is in the child’s best interests. These may include:
- The child’s age and needs
- Each parent’s ability to provide a stable and safe environment
- The child’s relationship with each parent
- Any history of domestic violence or abuse
- The mental and physical health of both parents
- The child’s preference (in some cases, depending on age and maturity)
Child Custody Parenting Plans and Modification Support in Texas
Once custody is determined, parents may be required to create a parenting plan that outlines the time-sharing schedule, holiday arrangements, and guidelines for communication and decision-making. This plan becomes a legal agreement once approved by the court. A parenting plan may also influence child support arrangements, since the amount of time each parent spends with the child can affect financial responsibilities.
If circumstances change, such as a parent moving, changes in work schedules, or new concerns about the child’s well-being develop, custody orders can be modified through a formal request to the court. An experienced child custody lawyer — or even a divorce lawyer who handles post-judgment matters — will help you demonstrate the material changes that have occurred since the last order was written, and that the modification is in the child’s best interest.
How San Antonio Custody Attorneys Provide Legal Support for Parents
Child custody is a cornerstone of Roberson Duran’s family law practice in San Antonio, TX. Our skilled custody attorneys are prepared to guide you through a high conflict case, or to ensure a timely resolution via mediation. We understand that each family’s needs are unique, and we are committed to:
- Crafting a safe, practical possession schedule (standard, expanded, or custom).
- Navigating JMC vs. SMC and explaining what “primary” really means for residence and decision-making.
- Modifying orders when circumstances change (moving, new work schedules or health care needs).
Guide you through each phase of a high conflict (tried in court) case, or through a mediated agreement.
Frequently Asked Questions
Find answers to common questions about law, our services, and what to expect—our FAQ section is here to help you feel informed and prepared every step of the way.
Not exactly. If requested, the judge must privately interview a child 12 or older (and may interview younger children) to hear their wishes about conservatorship or primary residence. The child’s preference is one factor—the judge still decides based on best interest.
Texas courts often reference the Holley v. Adams factors (e.g., the child’s desires; emotional/physical needs now and in the future; danger; parental abilities; stability of the home; plans for the child). These guide, but don’t mechanically control, outcomes.
No. Texas law explicitly says JMC doesn’t require equal or nearly equal possession. Many JMC orders give one parent the right to designate the child’s primary residence (with or without a geographic restriction).
Evidence of family violence can rebut the JMC presumption and may lead to SMC or protective conditions on possession and access.
Courts do not presume the SPO is best under age 3 and will consider statutory factors (caregiving history, attachment, routines, proximity, etc.) and often order a step-up schedule toward SPO as the child grows.
Schedule Your Consultation with a San Antonio Child Custody Attorney
If you’re facing a child custody issue in San Antonio, don’t navigate it alone.
📞 Call (210) 224-4077 today for a confidential consultation with us.