San Antonio Child Custody Lawyer

50+ Years of Combined Experience Fighting for San Antonio Families

When your relationship with your child is on the line, you need a team that understands how courts work from the inside out. The Locke Law Group brings more than 50 years of combined legal experience to conservatorship cases in San Antonio, with a former state prosecutor and a former San Antonio police officer on our team who know how judges evaluate evidence and weigh parental conduct. We’re available 24/7 and offer services in both English and Spanish, because a custody situation can’t always wait for business hours. We also offer flexible payment options tailored to each client’s financial situation.

Call The Locke Law Group today at (210) 361-3113 or contact us online to schedule a consultation with our child custody attorney in San Antonio.

How Texas Courts Decide Child Custody

Under the Texas Family Code, courts use the term conservatorship rather than custody, and every decision is guided by a best-interest-of-the-child standard. These matters can arise as part of divorce proceedings or as a standalone suit affecting the parent-child relationship (SAPCR) filed in the Bexar County Civil District Courts.

Factors considered in conservatorship decisions:

• Child’s Best Interests: Courts weigh the child’s age, physical and emotional needs, educational requirements, and existing bonds with each parent.
• Parents’ Abilities: Judges evaluate each parent’s capacity to meet the child’s needs, looking at employment stability, living arrangements, and past conduct.
• Child’s Preferences: The child’s wishes may be considered based on age and maturity. The older the child, the more weight those preferences carry.
• Parent-Child Relationship: Courts look at the bond between each parent and the child, aiming to minimize disruption to the child’s life.
• Stability and Safety: A history of abuse, neglect, or substance abuse that endangers the child will weigh heavily against that parent.
• Co-Parenting Willingness: Courts favor parents who encourage a healthy relationship between the child and the other parent rather than undermine it.

Joint vs. Sole Managing Conservatorship in Texas

Texas law uses conservatorship to describe what most parents call custody, and the distinction between the two main types matters significantly for how decisions about your child are made day to day.

• Joint Managing Conservatorship: Texas courts presume joint managing conservatorship (JMC) is in the child’s best interest. Under JMC, both parents share rights and duties, though one parent typically holds the exclusive right to determine the child’s primary residence. Joint conservatorship doesn’t mean equal time. The non-primary parent usually operates under a standard possession order, which typically includes the first, third, and fifth weekends of each month, Thursday evenings during the school year, and extended summer possession.
• Sole Managing Conservatorship: Sole managing conservatorship grants one parent the exclusive right to make decisions about the child’s education, health care, and upbringing. Courts award it when joint conservatorship would significantly impair the child’s physical health or emotional development, such as in cases involving documented abuse or chronic instability.

We can help you understand which conservatorship structure fits your circumstances and advocate for the arrangement that may best protect your child.

Modifying an Existing Custody Order in Bexar County

Custody arrangements don’t always stay fixed. When circumstances change significantly, either parent may petition the court that issued the original order to modify the existing conservatorship or possession arrangement.

To succeed, the requesting parent must demonstrate a material and substantial change in circumstances since the last order was entered and show that the modification serves the child’s best interest. If the child is at least 12, he or she may express a preference about primary custody to the judge in chambers, and the court will weigh that preference. While a modification is pending, temporary orders can be entered in the Bexar County Civil District Courts to govern custody in the interim. We can help you assess whether your situation meets the threshold and build the record the court needs to consider.

Mediation & Out-of-Court Resolution

Texas courts often require mediation before scheduling a contested custody case for trial. Mediation lets both parents negotiate a parenting plan with the help of a neutral third party, without a judge imposing the outcome. Agreements reached in mediation can be submitted to the court for approval and entered as binding orders.

We pursue negotiated resolution wherever it serves our clients. We provide straightforward, unbiased guidance throughout the process so your decisions stay focused on your child’s well-being rather than short-term conflict. When mediation fails or the situation demands a fight, our team has the trial skills to pursue contested litigation in Bexar County on your behalf.

What Makes a Parent Unfit in Texas?

The court’s goal is to protect the child. To find a parent unfit, the court measures evidence against the best-interest standard, and significant proof of neglect or endangerment is required to overcome the presumption favoring joint conservatorship. Grounds courts may consider include:

• Substance Abuse: A documented history of drug or alcohol abuse raises serious concerns about the child’s safety in that parent’s care.
• Domestic Violence: A history of domestic violence, particularly when directed at the child or the other parent, can support a finding of unfitness.
• Neglect: Persistent failure to meet the child’s basic needs, including food, clothing, and medical care, can be grounds for unfitness.
• Mental Health Conditions: Severe, untreated mental health conditions that endanger the child’s safety may be considered by the court.
• Criminal Activity: Criminal conduct that threatens the child’s safety or results in incarceration can affect a parent’s fitness determination.
• Abandonment: A parent who abandons the child without providing support or maintaining contact risks a finding of unfitness.
• Child Abuse: Any form of physical, emotional, or sexual abuse can result in a parent being deemed unfit.

Evidence supporting unfitness claims may include police reports, CPS records, medical records, witness testimony, and prior court findings. A parent found unfit doesn’t permanently lose all rights. Texas law recognizes that rehabilitation and demonstrated change may support a later petition for increased access or parental rights. We have the experience to help you present your case effectively and protect your child’s best interests.

Why San Antonio Families Choose The Locke Law Group

What sets our team apart in family law is the perspective we carry from prior careers. Our team includes a former state prosecutor and a former San Antonio police officer who understand how courts evaluate evidence and how parental conduct is weighed in contested hearings. That insight shapes how we build and present every case. Combined with more than 50 years of legal experience across the team, that background gives our clients valuable perspective in a complex family law matter.

Shannon Locke is Board Certified in Criminal Law by the Texas Board of Legal Specialization, a credential that reflects the standard of legal rigor we bring to all of our practice areas, including family law. Our representation has been recognized by multiple legal organizations, and we pair that recognition with practical accessibility: 24/7 availability, bilingual services in English and Spanish, and flexible payment options tailored to each client’s situation.

Local Resources for Child Custody Cases in San Antonio

At The Locke Law Group, we know that navigating child custody proceedings in San Antonio involves more than knowing the law. It means understanding the local system those proceedings move through.

The Bexar County District Clerk is the filing venue for all SAPCR and custody cases in the district courts and is where court records are accessed throughout the proceeding. The Bexar County Domestic Relations Office provides court-referred services, including custody evaluations, psychological evaluations, parent coordination, and cooperative parenting classes, to families involved in Civil District Court proceedings. The San Antonio Department of Human Services also offers programs that can support families during this time, including counseling and child welfare services.

One of the practical challenges for parents is understanding how local rules and docket practices in the Bexar County Civil District Courts affect their case timeline and options. The Locke Law Group is familiar with how these courts handle conservatorship and possession matters, and we use that familiarity to help clients move through the process with realistic expectations and a clear strategy.

Contact The Locke Law Group to schedule a child custody consultation in San Antonio. We’re available 24/7 in English and Spanish.