Protecting The Best Interests Of Your Children
When children are involved, a split can be incredibly difficult. It is understandable that high emotions, stress and worry can lead to conflict in a custody dispute.
At the Law Office of Randy Mora, PLLC, we seek creative solutions to complex child custody disputes to best help the entire family move on. Rather than prolong a dispute or settle back and wait for trial, we want to aggressively seek a solution that saves time, money and stress on the entire family.
If there is a path forward that minimizes conflict, we will advise you of that path and work hard to ensure your family is in a position to succeed once your case is concluded.
A Tough Negotiator And Compassionate Advocate
While a negotiated solution is often best, trial lawyer Randy Mora will be a strong advocate for you in court when required.
There are situations in which it is simply not appropriate for one parent to have custody, or even visitation rights. Substance abuse involving alcohol or drugs, a history of domestic violence, anger management problems and other factors may mean it is not safe for a parent to be involved in the lives of children without supervision.
We tailor our representation according to the needs of our clients. If you need someone to stand up for your rights, we have the experience to be a voice for you in court. If you need a solution to a difficult custody issue or need help avoiding conflict in the future, we have the knowledge and experience to anticipate and avoid future conflict.
Understanding Texas Child Custody Laws
Texas law uses the term “conservatorship” rather than “custody” in legal proceedings. The court determines conservatorship based on the best interest of the child. This standard considers the following factors:
- Each parent’s ability to provide stability
- The child’s emotional and physical needs
- The preference of a child who is 12 years of age or older regarding their main residence (if an in-chambers interview is formally requested)
- Any history of family violence history of family violence or substance abuse
Most Texas families operate under Joint Managing Conservatorship. This is where both parents have decision-making responsibilities for major issues like education, medical care and religious upbringing. This arrangement does not necessarily mean equal time with the child. One parent typically has the right to determine the child’s main residence while the parents maintain important roles in raising their children.
In cases involving family violence, substance abuse or other serious concerns, the court may award Sole Managing Conservatorship to one parent. This gives that parent exclusive decision-making authority and often significantly limits the other parent’s access to the child. When immediate danger exists, we can pursue emergency custody orders to protect your child from abuse, neglect or other urgent threats to their safety.
Possession And Access Schedules In Texas
Once the court establishes conservatorship, it sets a possession and access schedule – what many people call a visitation schedule. Texas law provides a Standard Possession Order that outlines when each parent has time with the child.
A typical Standard Possession Order includes:
- Weekend visits: First, third and fifth weekends of each month
- Weeknight time: One evening per week during the school year
- Holiday sharing: Alternating major holidays between parents
- Summer access: Extended periods during school breaks
The schedule varies based on how far apart parents live:
- Within 50 miles: Courts presume an Expanded Standard Possession Order applies, giving the nonprimary parent extra overnight visits throughout the year.
- More than 100 miles apart: A modified long-distance schedule reduces frequent weekend exchanges but provides longer uninterrupted periods during summer and spring break.
In situations involving safety concerns, the court may order supervised visitation. Visits then occur only in the presence of another approved adult or at a supervised visitation center protecting children while maintaining parental contact when appropriate.
Modifying And Enforcing Child Custody Orders
Life changes, and sometimes your custody arrangement needs to change with it. We handle child custody modifications when circumstances have significantly changed since your original order. Whether you need to modify conservatorship, possession schedules or decision-making authority, we fight to protect your parental rights and your child’s well-being.
When the other parent violates a custody order, we take enforcement action. Common violations include denying scheduled pick-ups, withholding the child beyond the allowed time or repeatedly showing up late and failing to return the child as ordered. These actions disrupt your relationship with your child.
Texas courts have several enforcement tools available. They can hold the violating parent in contempt of court, order makeup time for missed visits, require the violating parent to pay your attorney fees or even modify the custody arrangement. We pursue the enforcement methods that best serve your situation and get your custody order back on track.
Contact Our San Antonio, Texas, Office
Our office treats you and your legal matter with the respect and compassion it deserves. To schedule an informative initial consultation with attorney Randy Mora, call 210-446-0306 or email us and we will respond promptly.
