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Divorce can be overwhelming and terrifying, especially when children are involved. You may find yourself scared to lose your children and in search of an aggressive divorce attorney in San Antonio, Texas. Your attorney can help you get a custody agreement that makes sense for you. It can be helpful for you to know some child custody basics before your first meeting with your new lawyer. Categories of Custody There are two categories of custody in Texas: conservatorship and possession access. Possession and access is what most people think of when they consider custody. This includes how often you see your child, when they stay with you, and when you have visitation. While possession and access is about physical custody, conservatorship refers the right to make decisions for your child. This includes all the big parenting decisions regarding schooling, medicine, and other things. Sole vs. Joint Custody Possession and access custody can be resolved with a schedule. This can include one week in one place and one week in another, weekends with one parent, or another arrangement that the court determines to be best for the child. The court may also decide on Sole Managing Conservatorship or Joint Managing Conservatorship. This decision may include which parent can make medical, psychiatric, and schooling choices for the child. Can the Child Choose? In Texas, one party can motion to have a child state his or her preference once the child is 12 years of age. However, what the child says is not the sole determining factor. A judge can overrule the child’s wishes. However, judges prefer to honor the child’s preferences whenever possible. Do I Need an Attorney? Legally, you are allowed to present your case without an attorney present. However, an aggressive divorce attorney in San Antonio, Texas can help you navigate the complicated legal system and win a better custody agreement for your family. If I Win Custody, Do I Get Child Support? In most cases, the parent who wins the most possession and access time receives child support. However, this is not always a given. The courts try to determine what is best for the child first and foremost. Do Grandparents Get Rights? In typical cases, grandparents do not receive legal rights to possession and access or conservatorship of a child. However, if one or both parents lose parental rights or pass away, grandparents may fight for custody. If you’re in need of an aggressive divorce attorney in San Antonio, Texas, find one without delay. The divorce and child custody process is difficult. A great lawyer can help.
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