There are certainly times when hiring a child custody lawyer is the best option for someone trying to get custody of children. When there is disagreement from another parent on arrangements for the child, a child custody lawyer in San Antonio would be beneficial.
There are also times when a child custody lawyer may not be needed, however. This is in the case that both parents can agree to an arrangement that can be approved by a judge. While this may sound simple enough, there is a process to adhere to. Because of this, a child custody attorney can actually help ease this process and make it more understandable for two people who seek an arrangement for their child.
When do you need to hire a child custody lawyer?
The truth is, you don’t really ever need to. But not hiring a child custody lawyer may make obtaining child custody much more difficult. This is where the assistance of a child custody attorney in San Antonio can help. With cases involving custody, negotiations need to be had and evidence needs to be presented. Not mention this often takes place in front of a judge who will ultimately rule on what is in the best interest of the child. So it would benefit you greatly to have a child custody attorney on your side to help navigate this path to obtaining custody of a child.
What happens if parents disagree on what is in the best interest of the child?
As we’ve mentioned before, the best interest of the child is exactly what the courts care about. This is also the principle that is used to determine child custody cases in San Antonio. In Texas, as in every state, there are certain criteria to determine what the best interests of the child are. Here some of the more common things a judge will consider:
- A child’s connection to parent and other siblings
- Financial situation of parent
- A parents’ ability to care for a child
- If domestic violence has occurred in a parent’s home
So while one or both parents may disagree with what is in the child’s best interest, the court will make a decision based on the situations above as well a number of other factors. Without a San Antonio child custody lawyer on your side to advise of how to best achieve your desired outcome, obtaining custody may be a difficult result to achieve.
Who gets child custody if parents live in different states?
The state the makes the decision on custody is the one that is the child’s home state. Under the Uniform Child Custody Jurisdiction and Enforcement Act, this is determined as such:
- For a state to be a child’s home state, the child must have resided with a parent in the state for at least six months prior to the legal action being brought, or the child must have been residing in that state but is absent because a parent removed the child from the state.
Knowing this, the only laws that will apply are the laws within the child’s home state. While this may sound like an advantage for the parent living in the child’s home state, it does not automatically grant that parent custody. It’s best to consult with a child custody attorney to help ensure you are well represented when dealing with interstate child custody cases.
Who gets custody if parents aren’t married?
More often than not, the child’s mother has the primary right to custody in San Antonio. However, this does not mean that that the father cannot be granted custody of the child. But there are some requirements that do need to be met for a father to have an opportunity for custody of a child.
- First of all, the father’s name must be on the child’s birth certificate in order for him to have an equal standing in court.
- Secondly, the mother would need to be proven to be unfit to raise the child in order for the father to be given a chance at obtaining child custody in San Antonio. If a father believes this to be true, he can file for child custody.
There are other options beyond this for fathers. These options include partial custody or visitation rights. Paternity must be established for these options to available.
Will hiring a child custody lawyer help me gain custody?
While guarantees cannot be made, you give yourself the best chance in a child custody case, by working with an experienced custody attorney who understands the law.
The only time a child custody lawyer would not be absolutely necessary is if both parents were in complete agreement on a change in custody. However, a formal written agreement would still need to be approved by a judge.
If you are unsure of the next step to take or whether you need a child custody lawyer, please contact us and we can help provide a solution to your case.
