You’ve spent years raising your children, only to find yourself fighting in court to protect your parental rights. No mother expects to be in this position, yet many face this battle after divorce or a paternity dispute. In Texas, family courts prioritize the best interests of the child, but that doesn’t always mean the outcome is fair.
If you have concerns about bias in court, you can protect your rights by working with a firm that understands your concerns and goals. At WSM, we exclusively represent women, providing the legal support and advocacy they need in child custody cases.
Our San Antonio child custody lawyers understand the challenges mothers face and will fight to protect your relationship with your child. Call 210-942-1951 today to schedule a consultation and take the first step toward securing your custody rights.
Texas laws refer to child custody as conservatorship. The type of conservatorship parents have after a divorce determines how they share rights, duties, and time with the children. There are two main types of custody in Texas.
Custody determinations also consider two aspects of custody. Legal custody determines who has the right to make important decisions about the child’s upbringing, including their education, healthcare, and religious practices. Physical custody determines how much time the child spends with either parent and where the child’s primary home is located.
Texas courts do not make decisions based on gender. Rather, they evaluate multiple factors when determining which custody arrangement serves the child’s best interest. These include:
Parental fitness plays a role in how custody determinations are made. If both parents are found to be fit, the courts generally encourage some form of shared custody rights. One or both parents could be found to be unfit if they:
The courts take child safety very seriously. If one parent presents an ongoing danger to their child, the other parent can seek supervised visitation so the children only see the other parent under close supervision.
Protective orders can prohibit an abuser from contacting you or coming near you or your child. Anyone who violates a protective order can expect a prompt visit from law enforcement. Protective order violations can result in confinement in jail or criminal charges.
Emergency custody modifications allow for immediate changes to a custody order when a child is in imminent danger. Courts may grant temporary custody to the other parent or a safe guardian to protect the child’s well-being. These orders are typically issued in cases involving abuse, neglect, or serious safety concerns.
Mothers often need to ask the courts to modify court orders when changing circumstances affect their child’s well-being. One reason a mother may need a child custody modification is if they relocates for work or to be near family. There may be safety concerns as well that necessitate changing the current custody agreement.
Before any judge considers modifying a custody order, they require proof that there has been a substantial change in the living situation of either parent or new safety concerns that didn’t exist when the first court order was signed.
Enforcement actions can be brought if the other parent refuses to comply with a custody order. Enforcement actions are used to punish the other parent for violating court orders and to encourage compliance with the standing order.
Mothers often have to work with a San Antonio custody lawyer when the other parent fails to follow the visitation schedule or fails to pay child support. If the other parent denies your rightful visitation time, this can be a serious offense.
Child custody can be determined when parents agree to the terms of a custody agreement. It is not uncommon for parents to disagree on where a child should live and who should or shouldn’t have primary custody over the child. When negotiations reach a standstill, mediation offers a way forward.
Mediation relies on a neutral third party who listens to both sides and encourages parents to make compromises in the interest of the child. During mediation, parents discuss custody schedules, decision-making responsibilities, and child support.
Mediation is most effective when both parties are open to making concessions. It may not be appropriate in cases that involve domestic violence or financial manipulation.
If mediation and other remedies fail to settle disagreements about child custody, the case may proceed to a hearing where temporary orders are set or, in rare cases, to trial. Temporary custody hearings establish child custody arrangements while the case is pending.
Your San Antonio custody attorney can help you gather evidence and prepare to give oral testimony. It is important to anticipate what the other parent may do so you and your attorney can quickly address any misrepresentations or false accusations in court. In some cases, your lawyer may prepare you by questioning you through an informal mock trial at their office.
At the hearing or trial, your lawyer presents evidence, cross-examines witnesses, and argues for a favorable custody arrangement. After hearing the evidence, the judge makes a decision. Jury trials in family court are very rare, but they are a potential outcome of prolonged litigation.
Mothers might assume that their role as primary caregivers for their children will be protected in court, but the reality is much more complicated. Women can face challenges that leave them having to defend their parental rights while potentially facing false allegations in court.
The courts consider parental fitness when determining custody matters. If your partner makes allegations that you are not fit to parent, you could be placed in the position of having to fight those accusations. If your spouse was the higher earner during your marriage, you may face challenges fighting for custody.
Even in cases where a mother presents evidence of domestic abuse, the courts may still grant visitation to the father. When fighting these and other uphill battles in court, many mothers find that having strong legal representation gets their side of the story across.
No. Texas law does not automatically grant custody to mothers. Courts prioritize the child’s best interests, considering factors like parental stability, emotional bonds, and safety concerns. You can increase your chances of a favorable outcome in family court by working with an attorney who understands the challenges mothers often face in family court.
Evidence such as police reports, medical records, witness testimony, and text messages can support claims of abuse, neglect, or instability. A child custody lawyer can help gather and present this evidence in court.
Texas courts enforce custody orders through legal actions such as contempt charges, fines, and modifications to custody arrangements. Continued violations can result in restricted visitation or loss of custody.
Yes. If there is new evidence that the father poses a risk to the child’s safety, you can petition for an emergency custody modification to limit his parental rights.
Yes. Custody battles can be complex and emotionally charged, and an attorney ensures that your rights and your child’s safety remain a priority in court.
Child custody disputes can leave you feeling anxious and uncertain about the future. At WSM, we are committed to protecting the rights of mothers and fighting for custody arrangements that serve the best interests of children.
Our firm focuses exclusively on representing women, and we understand how stressful custody cases can be for moms. Whether you are seeking primary custody, modifications to an existing order, or other services, our experienced legal team works to secure a solution that protects your child’s well-being. We understand the complexities of Texas custody laws and take a strategic, compassionate approach to every case.
Take the first step toward securing your parental rights. Call 210-942-1951 today to schedule a consultation with a San Antonio child custody lawyer who will fight for you and your child.
