San Antonio Sole Custody Lawyers
If you are currently going through a child custody dispute and seeking sole custody, Higdon, Hardy & Zuflacht, L.L.P. is here to help. Sole custody means that the court grants only one parent or guardian the exclusive legal right to make certain decisions on behalf of the child. It is important to note that Texas courts loath dividing families. Complete termination of parental rights is rare in Texas, as courts strongly prefer maintaining joint custody arrangements (as opposed to awarding sole custody) so that the child can maintain a meaningful relationship with both parents. Texas law emphasizes the child’s best interest and supports continuing relationships with both parents whenever possible.
However, there are a number of reasons why a court could grant one parent sole custody over their child. For example, Texas Family Code, Title 5, §154.004 provides that the court will typically award sole custody in circumstances where one parent has a history of abusive or neglectful behavior to the child or spouse.
Entering into a custody case without a legal custody attorney could have a negative impact on your family. Many litigants representing themselves face undesirable results in their custody proceedings due to a lack of sufficient understanding of Texas custody laws and court procedures. At Higdon, Hardy & Zuflacht, L.L.P., our team of highly qualified family law attorneys has the experience you need to help you navigate your child custody dispute, especially if you are seeking sole custody. Contact the compassionate San Antonio sole custody attorneys of Higdon, Hardy & Zuflacht, L.L.P. today by calling us at (210) 349-9933 to schedule your free initial consultation.
Why Choose Us?
Due to the complex nature of child custody laws and proceedings, it is critical to have someone in your corner who cares about you and understands how to help you obtain sole custody of your child if you seek it. At Higdon, Hardy & Zuflacht, L.L.P., our knowledgeable family law attorneys are dedicated to using our experience to help you set up the right type of custody arrangement for you and your family. Put our distinguished team to work for you today. We have a history of successfully serving our clients and their needs, which makes Higdon, Hardy & Zuflacht, L.L.P. the best choice to handle your custody dispute issues in the San Antonio and South Texas region.
What Rights Come with Sole Custody?
Unless the court explicitly says otherwise, the parent awarded sole custody has the sole decision-making authority over all matters pertaining to the child’s upbringing and the absolute right to make certain decisions on the child’s behalf without consulting with the other parent. However, the parent awarded sole conservatorship still must provide information regarding the child’s, safety, health and welfare to the other parent.
Certain rights that the parent with sole custody holds include the following:
- Deciding the primary residence of the child
- Making decisions concerning the child’s education
- Having the right to attend school activities
- Consenting to medical and dental treatment
- Consenting to psychiatric and psychological treatment
- Being designated on the child’s records as a person to be contacted in the event of an emergency
- Receiving child support alimony
At Higdon, Hardy & Zuflacht, L.L.P., we are committed to using our knowledge of the law to obtain the sole custody if you believe it is right for your family.
How Do I Change My Current Orders to Be Granted Sole Custody?
If you are dissatisfied with your family’s current custody arrangement, and you want to try and obtain sole custody, it is possible to change your orders if the court deems your proposed changes are in the best interest of the child. When deciding what duties and rights the noncustodial parent has, the court will always consider what is in the best interest of the child. For example, even if one parent is deemed unfit to share conservatorship (i.e., custody), they may still have the right to visit and interact with the child, depending on the specific facts of the case.
Unless a parent or guardian can demonstrate a substantial material change in the circumstances of their case, the chance of having an order changed that has not been in effect for at least two years is slim. Regardless of how long your order has been in place, the court will still want to see evidence and reasoning for changing the custody arrangement to sole custody. The Court’s discretion to modify orders is broad, and factors that allow for a change can include anything from a random move across the state to allegations of abuse, bad habits, or reckless behavior on the part of the other parent. Providing enough evidence to qualify for a modification to sole custody can be very difficult if you do not know what to expect in court or what variables to consider and address in court to obtain the desired result. Having an experienced attorney on your side can be an invaluable asset in helping you navigate the murky waters.
Sole custody arrangements are hard to come by given the legal presumption in Texas that a child’s interest is best served by maintaining joint custody arrangements. The bottom line is that both parents will likely share at least some parental rights over their child. Courts balance the characteristics of each parent when determining if a single parent should be granted sole custody, so it is imperative that you represent yourself well both in and out of court, and that you demonstrate the appropriate level of responsibility to help bring about the rights you desire for your family.
The intricacies of custody law can be easy to miss when people attempt to petition the court for sole custody on their own. The attorneys at Higdon, Hardy & Zuflacht, L.L.P. have the experience you need to effectively represent your interests and help you achieve the family dynamic you believe is in the best interest of your child and family. In the long run, choosing an attorney can help you obtain the sole custody that you seek.
The team of attorneys at Higdon, Hardy & Zuflacht, L.L.P. has experience working with families of all backgrounds and a proven history of successfully fighting for the best results possible for each client. Our distinguished history of successfully serving our clients and their needs makes Higdon, Hardy & Zuflacht, L.L.P. the best choice in the San Antonio and South Texas region to handle your custody issues.
Let our dedicated team of San Antonio child custody attorneys at Higdon, Hardy & Zuflacht, L.L.P. fight to preserve and protect both you and your child’s best interests. Call (210) 349-9933 today to talk about your case and schedule a free consultation.