Child Custody Establishment

Establishing child custody in San Antonio involves several legal steps, and working with an experienced San Antonio child custody attorney can help you navigate the process smoothly. Below is a breakdown of how to establish custody in Bexar County family courts and throughout Texas.

1. Understand the Types of Child Custody in Texas

Texas law recognizes two types of custody (also called conservatorship):

• Legal Custody (Managing Conservatorship): Determines which parent makes major decisions regarding the child’s education, healthcare, and religious upbringing.
• Physical Custody (Possessory Conservatorship): Refers to where the child primarily lives and how parenting time is divided.

In San Antonio child custody cases, parents may be awarded joint custody (shared parenting) or sole custody (one parent has primary rights).

2. File a Suit Affecting the Parent-Child Relationship (SAPCR) in Bexar County

To establish custody, one parent must file a Suit Affecting the Parent-Child Relationship (SAPCR) in a San Antonio family court. This legal petition must include:
✅ The child’s full name and date of birth
✅ Information about both parents
✅ The type of custody being requested

Where to File:

• If you live in San Antonio, you’ll likely file in the Bexar County Family Court or another relevant Texas district court.

3. Serving the Other Parent

Once the custody petition is filed, the other parent must be officially served with the legal documents. This ensures they receive notice of the case and have a chance to respond.

4. Mediation: Resolving Custody Disputes

San Antonio courts often require mediation before moving forward with a trial. Mediation allows parents to create a mutually agreeable parenting plan with the help of attorneys and a neutral third party.

✅ If parents reach an agreement, the court may approve the plan without a trial.
❌ If no agreement is reached, the case proceeds to a hearing.

5. Requesting Temporary Custody Orders (If Needed)

During custody proceedings, either parent can request a temporary custody order to determine:
✔️ Where the child will live
✔️ Visitation rights
✔️ Who makes decisions for the child until the case is finalized

6. Attending a San Antonio Child Custody Hearing

If mediation doesn’t result in an agreement, a child custody hearing in San Antonio will be scheduled. Each parent will have the opportunity to:
📌 Present evidence (such as financial records, living conditions, etc.)
📌 Call witnesses (teachers, doctors, family members)

7. How San Antonio Courts Decide Custody

Texas judges use the “best interest of the child” standard when making custody decisions. Key factors include:
✔️ The child’s physical and emotional needs
✔️ The ability of each parent to provide a safe and stable home
✔️ The child’s relationship with each parent
✔️ Any history of domestic violence, substance abuse, or neglect

San Antonio courts may also consider the child’s preference if they are 12 years or older.

8. Receiving the Final Custody Order

After reviewing the case, the judge will issue a final custody order outlining:
📌 Custody and visitation arrangements
📌 Parental decision-making responsibilities
📌 Child support obligations (if applicable)

9. Modifying a Custody Order in Texas

If circumstances change—such as a parent relocating, a job change, or new safety concerns—either parent may request a custody modification in Bexar County family courts. A San Antonio child custody lawyer can help with the process.

10. Why Hire a San Antonio Child Custody Attorney?

Navigating the custody process alone can be overwhelming. An experienced child custody lawyer in San Antonio can:
✔️ Guide you through court procedures
✔️ Ensure proper documentation and filings
✔️ Advocate for your parental rights in court

Need Help Establishing Child Custody in San Antonio?

At Denis Law Group, we specialize in child custody cases in San Antonio and are dedicated to protecting your parental rights. Call us today for a free 30-minute consultation!