At Roberson Duran Family Law, we understand how emotionally challenging and legally complex child custody disputes can be. Our experienced child custody lawyers in San Antonio, TX, provide strategic legal representation while remaining mindful of the well-being of everyone involved. Our goal is to pursue a resolution that protects your parental rights while prioritizing your 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
Joint Managing Conservatorship (JMC)
Both parents share certain rights and responsibilities for the child, although parenting time is not necessarily divided equally. In many cases, one parent has the exclusive right to determine the child’s primary residence, which may be subject to geographic restrictions.
Sole Managing Conservatorship (SMC)
One parent is given most decision-making rights when joint conservatorship is not in the child’s best interests, such as in cases involving abuse or neglect. The other parent may still have possession or visitation rights depending on the circumstances.
Possession & Access (Parenting Time)
In Texas, parenting time is generally referred to as possession and access. A possession schedule determines when each parent will have time with the child, including regular weekdays and weekends, holidays, school breaks, and other important dates.
For children age three and older, courts may use the Standard Possession Order (SPO) as a starting point when determining a parenting schedule. Expanded possession options may also be available, particularly when parents live within 50 miles of one another. However, the court can adjust the schedule when a different arrangement would better serve the child’s needs.
For children under age three, the Standard Possession Order presumption does not apply. Instead, courts may develop an age-appropriate schedule based on the circumstances of the family and the child’s needs.
For parents experiencing ongoing conflict over parenting schedules or implementing an existing plan, parent coordination and facilitation can help address disputes, improve communication, and support a more effective co-parenting arrangement.
Child Custody Process
Understanding the child custody process can help parents make informed decisions while protecting their parental rights and focusing on their child’s best interests. Each case is different, but a custody matter typically begins when one or both parents file a petition with the family court.
Parents may have an opportunity to resolve custody disputes through mediation. When an agreement cannot be reached, the case may proceed to a hearing or trial, where the court determines the custody arrangement based on the child’s best interests.
When evaluating a custody arrangement, the court may consider factors such as:
- The child’s age and needs
- Each parent’s ability to provide a safe and stable 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
Roberson Duran Family Law helps parents understand their options, prepare for each stage of the custody process, and pursue arrangements that protect their parental rights while supporting their child’s well-being.
Modifying Child Custody and Parenting Plans in Texas
Child custody and parenting arrangements may need to change as a child’s needs or a family’s circumstances evolve. Changes in work schedules, a parent’s relocation, or new concerns involving the child’s well-being may lead a parent to seek a modification of an existing custody order or parenting plan.
When parents agree on proposed changes, they may still need to take the appropriate legal steps to have the new arrangement recognized by the court. When they cannot agree, mediation or court involvement may be necessary before an existing order can be modified.
A parenting plan may address issues such as the parenting-time schedule, holiday arrangements, communication, and decision-making responsibilities. Because these arrangements can affect both parents and the child, any requested modification should continue to serve the child’s best interests.
An experienced child custody attorney can help parents understand the modification process, present relevant changes in circumstances, and pursue an updated arrangement that reflects the current needs of their family.
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.