Guide: How to File for Child Custody in San Antonio, TX
Sometimes marriages break down, and you have no choice but to pick yourself up and move on. If you have children, it is vital to understand San Antonio child custody laws and how you can file for custody of your child. This is especially important if you have reason to believe the other parent is unfit and you seek full custody.
Below, we’ll outline parental rights and what full custody actually entails in San Antonio, TX.
Parental Custody Rights in Texas
Texas law grants every parent the right to physical possession (physical custody) of their child. They also have the right to make decisions regarding their child’s health, education, religion, relationships, legal matters, and where they live (legal custody). These rights are shared equally between the parents even after they separate.
However, if you and the other parent can’t have an amicable discussion about how both of you will share these rights after divorce, you may have to fight it out in court with the help of a child custody lawyer in San Antonio.
Child Custody Application Process
Here’s how you file for child custody in San Antonio, TX:
- Fill in a Suit Affecting the Parent-Child Relationship (SAPCR) form. You can access it for free online.
- Turn the forms into a local court. The court will then assign a sheriff, constable, or a private server to serve the papers to the other parent.
- Wait for the other parent to file their own petition. If they do not file a response within the allocated time, you may win the custody case by default.
- Go to court. If the other parent files an answer to your petition, your San Antonio child custody case will head to court. Once the judge issues their final decision, you will have to bring the signed order to your local clerk’s office to finalize the case.
Is There Full Custody in San Antonio, TX?
Texas law refers to full custody as sole managing conservatorship. However, judges in San Antonio only award full or sole custody in rare circumstances. If your child custody lawyers in San Antonio can prove that the other parent poses a danger to your children, you may be granted sole managing conservatorship.
There are two types of full custody in San Antonio, TX; sole legal custody and sole physical custody. If you wish to receive sole custody, you will have to prove that the other parent has a history of neglect, abusive behavior, or violence. Hiring a child custody lawyer in San Antonio to advocate for you will significantly increase your chances of getting full custody.
Contact Zarka Law Firm to Discuss Your Legal Options
Child custody cases don’t always have to be prolonged battles. Divorce itself is hard enough on children, especially if both parents can’t seem to agree on how to raise them afterward. Investing in child custody lawyers in San Antonio will help handle all the legal matters and make the entire process less stressful.
Our family lawyers at Zarka Law Firm will help you create a custody plan that considers your child’s needs and works for both parents. Contact us today for a free case review.