Nothing in a divorce or separation matters more than your children. Whether you're getting divorced, were never married to the other parent, or need to change an existing order, Attorney Jesus R. Lopez helps San Marcos parents get custody arrangements that work for their children and their lives.
How custody works in Texas
Texas law doesn't use the words "legal custody" and "physical custody." Instead, a custody order covers two things:
- Conservatorship: the rights and duties to make decisions for your child, such as education, medical care, and where the child primarily lives.
- Possession and access: the schedule for when each parent has the child, including weekends, holidays and summer.
Texas presumes that naming both parents joint managing conservators is in a child's best interest, unless there's a reason it isn't, such as a history of family violence. Even with joint conservatorship, one parent usually has the exclusive right to decide the child's primary residence, often limited to Hays County and the counties next to it. The other parent typically has time under a Standard or Expanded Standard Possession Order, unless the parents agree to a different schedule.
Free tools: see your schedule day by day with our Texas possession schedule calendar, and keep co-parenting organized with Kindline.
What courts look at
Every decision is based on the best interest of the child. Judges consider things like each parent's involvement in the child's life, the stability of each home, the child's physical and emotional needs, any history of abuse or neglect, and each parent's willingness to support the child's relationship with the other parent. A child 12 or older can talk with the judge, usually in chambers, about which parent they want to have the right to decide their residence.
How we help San Marcos parents
- Custody in a divorce, including temporary orders while the case is pending
- Custody cases for parents who were never married, including establishing paternity (father's rights)
- Custom possession schedules, including week-on/week-off and schedules for parents who live far apart
- Relocation and geographic restriction disputes
- Modifying an existing custody order when circumstances change
- Enforcing possession when the other parent won't follow the order
Agreement when possible, court when necessary
Most custody cases in Hays County settle through negotiation or mediation, which is usually faster, less expensive and easier on children. Attorney Lopez has worked with many local mediators to resolve highly contested cases. When an agreement isn't possible, we prepare your case to present to the judge.
Child custody FAQ
Do mothers get custody more often in Texas?
No. Texas law is gender-neutral. Courts decide based on the child's best interest, not on whether a parent is the mother or father.
Can I move out of Hays County with my child?
It depends on your order. Many Texas orders limit the child's residence to a geographic area. Moving outside it usually requires the other parent's agreement or a court order.
What if we were never married?
If the parents weren't married, the father has no court-ordered rights until paternity is established, either by a signed Acknowledgment of Paternity or by court order. A court can then enter orders on conservatorship, possession and child support.
How much does a custody case cost?
We use flat fees for most custody cases, with payment plans available. Call for a free consultation and a quote.