San Antonio Physical Custody Lawyers
Physical custody refers to the parent or guardian with whom the child (or children) will spend their time. While it is possible for one parent to have both legal and physical custody, it is often the case that one parent is given legal custody and the other is granted physical custody. The rare occasion a parent or guardian is granted with both is when a co-parent’s rights are terminated. As such, it is important for parents to distinguish between the types of custody and address which parent might be the best fit for each role. If parents cannot decide or reach an agreement, then the court will decide for the parents. Courts address custody issues on a case by case basis and with consideration toward the best interests of the child. This is a broad standard and involves many variables that delve into individual characteristics of each parent, family dynamics, and, when applicable, the child (or children’s) desires. Preparing a custody case without adequate knowledge of custody laws, court procedures, or the judges’ preferences can lead to undesirable results. This can lead to more litigation in the future in the form of modifications, enforcement, etc. The San Antonio physical custody attorneys of Higdon, Hardy & Zuflacht, L.L.P. have been practicing in the area for decades. We know the laws, the judges, and the tactics that are most likely to get your desired physical custody outcome. Call us at (210) 349-9933 to set up a consultation with one of our knowledgeable lawyers.
Why Choose Us?
Due to the many issues custody litigation presents, it is important to have someone on your side who knows how to balance the interests of the client and the child (or children) to achieve the best result possible for every party involved. At Higdon, Hardy & Zuflacht, L.L.P. we are committed to using our expertise and case-handling skills to address your concerns and obtain the right type of custody arrangement for you and your family. Our history of stellar, results-oriented service toward our clients and their needs is what sets Higdon, Hardy & Zuflacht, L.L.P. apart from other family law firms in Central and South Texas. Our attorneys are highly skilled in navigating the complex court system and legal issues addressed in custody cases, which makes Higdon, Hardy & Zuflacht, L.L.P. the best choice in the San Antonio and South Texas region to handle your custody issues.
What Rights Come With Physical Custody?
Physical custody comes with both statutory rights as well as the court determined and discretionary rights that may be afforded to the parent with said physical custody. Examples of rights and duties afforded to parents or guardians with physical custody are the following:
- The duty of care, control, protection, and reasonable discipline of the child.
- The duty to support the child including, but not limited to providing: clothing, food, medical care, and child support for the child or children subject to the orders.
- The ability to consent for noninvasive medical procedures.
- The ability to direct moral and religious education for the child or children subject to the orders.
Physical custody differs from legal custody in that legal custody allows the parent or guardian with such rights to designate the everyday happenings of the child or children. Whereas parents or guardians with physical custody may have limitations imposed on their rights, often those with legal custody have greater latitude in the rights that are exercised and how many rights they are afforded toward the child (or children).
Courts balance many characteristics of each parent when determining which parent should be granted legal and physical custody. Given the pros and cons of each type of custody, it is of the utmost importance to make sure you represent yourself well in and out of court and that you can demonstrate the level of responsibility needed to effectuate the rights you desire. An attorney can help you with this and with determining whether legal or physical custody is right for you and your child. Higdon, Hardy & Zuflacht, L.L.P. has the talent and knowledge to assist you in these big issues and one of our skilled attorneys would love to talk with you about your case by calling (210) 349-9933.
How Do I Change My Current Orders to Be Granted Physical Custody?
Sometimes parents go to court too soon, sign orders without understanding them, or follow whatever possession order comes with their child support orders, not thinking twice about who was given what rights, what the paperwork means, and how long the rights that were ordered will last. If you received legal custody of your child, but feel it is not the correct dynamic for you and your family, it is possible to modify your orders and have the custody rights you feel are appropriate for your situation.
Most courts do not like to change orders too quickly, so often times a court will not change orders that have been in effect for less than two years unless a showing of a substantial material change in circumstances is made. This can be anything from a move across state to allegations of abuse, bad habits, or reckless behavior of the other parent. Even if your orders have been in place for two or more years, the court will still want to see evidence and reasoning for changing the status quo of the custody arrangement. This can be tricky if you do not know what to expect in court or what variables to consider and address in court to obtain the desired result. This is where having an attorney in your corner is an asset in navigating the murky waters of child custody suits.
Higdon, Hardy & Zuflacht, L.L.P. has the experience you need to effectively represent your interests and help you achieve a family dynamic that is in the best interests of your child or children. While many people try to represent themselves in family court or work things out with their co-parent in an informal way, many aspects of law get overlooked when this happens. People do not often hold up their end of the bargain when an informal agreement is made, and self-represented individuals do not know the intricacies of the law well enough to achieve their goals. Choosing an attorney is a big step, but in the long run, will reward you with the best results for you and your family. The attorneys at Higdon, Hardy & Zuflacht, L.L.P. have experience working with families of all backgrounds and dynamics, achieving the best results for each family possible. Call (210) 349-9933 today to schedule a consultation and talk about your case. From the most difficult of family dynamics to the most amenable, Higdon, Hardy & Zuflacht, L.L.P. is here for you to protect and preserve you and your child’s best interests.