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Child Custody


Understanding Child Custody Laws in Texas

When it comes to matters of child custody, The Locke Law Group is your trusted partner in San Antonio. We understand the intricacies and sensitivity of these cases and are committed to providing you with exceptional legal guidance. Our team is here to help you navigate the complexities of child custody issues, ensuring the best outcome for you and your child's future. 

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

How Child Custody Decisions Are Made in Texas

Child custody determinations are a vital aspect of family law in Texas. The courts aim to make decisions in the child's best interests. These decisions can be part of divorce proceedings or may arise as a standalone case.

Factors Considered in Child Custody Decisions:

  • Child's Best Interests: Courts prioritize the child's best interests. Factors considered include the child's age, physical and emotional needs, educational requirements, and any existing emotional bonds with each parent.
  • Parents' Abilities: The courts evaluate the parents' abilities to provide for the child's needs, including physical and emotional well-being. This assessment examines the parents' employment stability, living arrangements, and past conduct.
  • Child's Wishes: Their preferences may be considered depending on age and maturity. The older the child, the more weight their wishes carry.
  • Parent-Child Relationship: The court looks at the relationship between each parent and the child. The aim is to minimize disruption to the child's life, so if a strong bond exists with one parent, this can influence the decision.
  • Stability and Safety: A stable and safe environment is crucial. Courts assess whether either parent has a history of abuse, neglect, or substance abuse that may threaten the child.
  • Co-Parenting Ability: The willingness of parents to encourage a positive relationship between the child and the other parent is considered. Courts favor parents who promote cooperation and communication for the child's benefit.

What are the Different Types of Custody?

In Texas, child custody can be categorized into two main types: legal and physical.

  • Legal Custody: Legal custody is the right to make crucial decisions regarding the child's life. This includes choices about education, healthcare, and religious upbringing. Parents with legal custody can make these decisions individually or jointly.
  • Physical Custody: Physical custody deals with where the child resides. It can be awarded solely to one parent, known as "sole physical custody," or shared between both parents, referred to as "joint physical custody" or "shared custody." When shared custody is granted, the child spends significant time with each parent.

The specific arrangement can vary depending on the unique circumstances of the case. The Locke Law Group can help you understand your options and guide you in choosing the most suitable custody arrangement for your situation. 

What Makes a Parent Unfit?

The court's ultimate goal in child custody cases is to ensure the child's well-being and safety. To determine if a parent is unfit, several factors are considered. It's essential to note that proving a parent's unfitness can be challenging. The following are some common reasons a parent may be deemed unfit:

  • Substance Abuse: If a parent has a history of substance abuse, such as drugs or alcohol, it may raise concerns about the child's safety and well-being.
  • Domestic Violence: A history of domestic violence, mainly when directed at the child or the other parent, can lead to a finding of unfitness.
  • Neglect: Persistent neglect of the child's basic needs, such as food, clothing, and medical care, can lead to unfitness.
  • Mental Health Issues: Severe and untreated mental health issues that may endanger the child's safety can be grounds for unfitness.
  • Criminal Activity: Engaging in criminal behavior that risks the child's safety or results in incarceration can impact a parent's fitness.
  • Abandonment: When a parent abandons their child without providing support or maintaining contact, this may be considered unfitness.
  • Child Abuse: Any form of child abuse, including emotional, physical, or sexual abuse, can result in a parent being deemed unfit.

It is important to note that the court makes these determinations after carefully considering all available evidence and expert testimony. The Locke Law Group has the legal expertise to help you present your case effectively and protect your child's best interests.

Contact Our San Antonio Child Custody Attorney Today

Child custody matters are profoundly significant in the lives of children and parents. At The Locke Law Group, we understand the emotional and legal complexities involved in child custody cases. Our experienced team of attorneys is here to support you through every step of the process. We have a strong track record of successfully representing clients in San Antonio, ensuring their children's best interests are protected.

When it comes to child custody issues, trust The Locke Law Group to provide you with the legal expertise, guidance, and support you need. We are dedicated to helping you secure a custody arrangement that safeguards your child's well-being and ensures a positive future. 

Get in Touch with The Locke Law Group for a Child Custody Consultation in San Antonio!


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