The Most Difficult Of Cases
Child custody matters are, without question, among the most difficult cases that divorce lawyers handled. These cases are not only often the most factually and legally complicated matters, but they are also the most emotionally charged of any family law matters. The legal standard for custody cases is not complicated, but how to meet or defeat that standard certaily can be. The standard is simply “the best interest of the child(ren)”. This is the standard the court is charged with determining. The party that can prove by a preponderance of the evidence (preponderance mans more likely than not) that the best interest of the child(ren) would be served by placing the child with him or her should be awarded “primary custody”.
The parent who is appointed as the parent with the right to determine the child(ren)’s primary place of residence is commonly referred to as the “Primary Conservator”. Of course, this parent usually will elect to have the child reside with them, and the other parent will have some type of “visitation and access”.
Visitation & Access In Custody Cases
“Visitation & Access” is one of the areas in family law that is fairly well established. The Texas Family Code defines the Standard Possession Order as the visitation scheme that is prsumably appropriate for Texas divorces where the child(ren) are above the age of three (3) years old. It’s important for litigants in family law cases to understand what this standard order contains. Of course, this is only a presumption, and is rebuttable if sufficient evidence exists to convice a court, or jury, that the standard possession order is not appropriate. It’s also critical for litigants to realize they can create their own “Custom Possession Orders”. Often this is more desireable for all parties involved.
San Antonio & The Bexar County Courts
Any experienced trial lawyer will tell you that each jurisdiction and judge have their own issues that any potential litigant must take into consideration. San Antonio is no exception. Generally speaking most San Antonio lawyers believe we have very competent and reasonable judges. Of course, what you believe to be reasonable is going to have a great deal to do with your personal opinion about the facts of your case.
Lawyers Who Understand & Can Help
An experienced divorce and custody lawyer can help you explore the facts of your case and understand how they are likely to be interpreted by the court. Our custody attorneys can help prepare you for what to expect. Will you need to have a Social Study in your case? How might the Rules of Evidence preclude you from getting that key piece of evidence in front of a judge or jury? Should you request a jury trial, or try your case to the bench? What kinds of things are important to your Bexar County judges?
Call (210) 714-2425 for a free, no obligation, consultation. Let our experienced custody lawyers help you.