Strength Of A Giant, Heart Of A Neighbor – Your San Antonio Law Allies
San Antonio Child Visitation Lawyers
At Sralla Family Law PLLC, our team of child custody attorneys serves the parents of San Antonio and Bexar County in a range of complex situations. Whether you are separating amicably from your ex or you are preparing for a disputed custody battle, our team is always here to protect your rights. In more than 18 years of serving the community, we have earned a reputation as a tough yet compassionate legal team.
How Does Visitation Work In Texas?
The goal of determining child visitation rights is to allow each parent to develop and maintain a parental bond with the child, even though the relationship between the parents has failed or no longer exists. Child visitation rights are typically awarded to a noncustodial parent following a separation or divorce. Visitation can always occur by agreement of the parties, meaning that the parties can share possession and access to the children in any fashion they desire as long as they can agree on terms.
However, where parties cannot agree on visitation terms, they must rely on the default rules set forth in the final decree of divorce or other custody order. Most of the time, the default rules are set forth in a standard possession order (SPO) as codified in the Texas Family Code.
In any custody order in Texas, the court appoints one parent as the primary managing conservator. This is the person who has the right to determine where the children live. The other parent is the noncustodial parent. The law sets forth specific visitation rights in an SPO that are presumed to be in the best interests of the children.
Facilitating Cooperation So You Have Control Over The Outcome
It is always in parents’ best interest to cooperate on visitation issues. Judges do not like to see parents who cannot get along, who seem unreasonable and who continuously place the children in the middle of custody disputes. The parent who behaves in this way runs a significant risk of losing possession or access rights because of the judge’s perception that such a parent is not acting responsibly or reasonably with respect to the children.
There is no question that children reap the benefits when parents behave responsibly and work together, keeping the children’s best interests in mind. Our child custody lawyers always instruct clients to support the other parent’s decisions while providing clear guidelines and expectations for the children when they are in the client’s possession.
Fighting For You In Contentious Situations
Nonetheless, there are always times when the other parent is behaving unreasonably or attempting to involve the child in a personal or relationship dispute between the two parties. In this situation, the parent must walk the fine line of protecting and asserting their rights to possess the children while not stooping to the immature or petulant level of the other parent. This is a challenging balancing act that requires counsel from an experienced family law attorney. You need lawyers like ours who can accurately predict how a judge is going to react to actions taken by the parties in response to a visitation dispute.
In situations like these, a judge steps in to define the rights and responsibilities of each parent in accordance with the best interests of the children. Sometimes, when parties cannot agree on terms, the court will appoint a neutral attorney called an amicus attorney to investigate the situation. Similarly, in cases where custody is in dispute, most judges will appoint an amicus attorney to advise the Court. This usually involves a series of interviews with the parties and children by the amicus attorney to observe each parent’s interaction and relationship with the children.
Helping You Modify Existing Orders
Once established, child visitation rights can be changed for a variety of reasons, including:
- Relocation of the custodial parent without a court order
- A parent change in employment
- The danger posed to the children by a parent or someone living with the parent
If you are interested in getting a modification for an existing custody order, our child custody lawyers can assist you.
Guiding You Across The High Road In Difficult Cases
We are adept at counseling clients through tricky situations involving the misbehavior of the other spouse. Our child custody attorneys help you maintain the appearance of being reasonable before the court. Ultimately, we counsel our clients to always do what is in the best interest of the children involved and to take the high road whenever possible. At the same time, we understand that disputes over visitation can and often do become hotly contested. In these delicate situations, we have a proven record of achieving positive results for the client amid the tumultuous environment of a trial.
Take Action To Protect Your Visitation Rights
Protect your rights and the precious relationship you have with your children. Contact the experienced family lawyers of Sralla Family Law PLLC today for an initial consultation. Please call (210) 212-5656(210) 212-5656 or send us an email to get started.