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San Antonio Child Custody Law Firm
Child Custody
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Texas Child Custody Attorney

Child custody disputes affect both parental rights and a child’s well-being. Without legal guidance, you may risk custody arrangements or visitation schedules that do not support your family’s needs. Mistakes in family court can have long-term consequences for where your child lives (physical custody) and how decisions are made (legal custody).

At The Law Office of Raul V. Treviño, we help parents navigate custody matters under Texas family law. We provide legal representation to protect both your rights and your child’s best interests.

What Is Child Support in Texas?

Child support helps cover a child’s basic needs, including housing, food, education, and medical care. Under Texas Family Code §154.001, the non-custodial parent typically pays support, calculated as a percentage of net income:

  • 1 child = 20%
  • 2 children = 25%
  • 3 children = 30%
  • 4 children = 35%
  • 5 or more children = 40%

These guideline percentages apply to net resources up to a statutory cap ($11,700 per month as of September 1, 2025). Courts must also address medical and dental support (through insurance or cash medical/dental). Judges may adjust guideline amounts based on factors such as the child’s medical needs, very high income, or shared custody. Support and custody remain separate obligations, and both orders must be followed.

Do Child Support and Visitation Schedules Affect Each Other?

a man and a kid playing on a railing

No. In Texas, child support and visitation are separate legal matters. A parent cannot stop paying support because visitation is denied, and visitation cannot be withheld if support is unpaid. Both obligations remain enforceable, and each is designed to serve the child’s best interests.

At Raul V. Treviño’s law office, we help parents address violations of either order through the proper legal process, protecting both parental rights and the child’s stability.

How Can a Child Custody Lawyer in Texas Help Me?

Child custody cases can be complicated. An attorney can help in the following ways:

  • Providing legal advice and drafting court documents.
  • Negotiating visitation schedules and parenting plans.
  • Representing you in mediation, hearings, or trial.
  • Seeking modifications to existing orders when circumstances change.
  • Enforcing custody or visitation orders when the other parent does not comply.

At The Law Office of Raul V. Treviño, we guide parents through these steps with a steady focus on protecting parental rights and supporting the child’s well-being. Choosing our law office means having an attorney who carefully reviews the facts, thoroughly prepares, and advocates for the best possible outcome for your family in and out of court.

When Should You Consult a Child Custody Lawyer?

Parents often wait until custody issues become difficult to manage before seeking legal advice. Consulting an attorney early can help you make informed decisions and avoid mistakes in family court.

You should consider hiring a child custody attorney in situations such as:

  • During a divorce or legal separation when custody must be decided.
  • When parents cannot agree on visitation schedules or parenting plans.
  • If a parent plans to relocate with the child.
  • When a parent is denied court-ordered visitation.
  • In cases involving domestic violence, neglect, or substance abuse.
  • When grandparents or other relatives are seeking custody or visitation.

At The Law Office of Raul V. Treviño, we encourage parents to seek guidance before conflicts escalate. Early legal support helps protect your parental rights, clarify how Texas custody laws apply to your situation, and promote your child’s well-being.

Why Choose The Law Office of Raul V. Treviño

At The Law Office of Raul V. Treviño, we know how important custody cases are to parents and families. We represent clients in San Antonio, Austin, and across Texas in custody matters, child support issues, and modifications of existing orders. Our approach focuses on protecting the child’s best interests while advocating for parents’ rights at every stage.

We provide clear guidance on custody laws and procedures, prepare detailed filings and court documents, and represent clients in hearings, trials, and mediation. Our office works closely with each parent to build custody arrangements that support the child’s well-being and comply with Texas family law.

Start With a Free Consultation

Our attorney offers free consultations to parents facing custody concerns. This first meeting is an opportunity to share your situation, ask questions, and learn how Texas custody laws may apply to your case. We will explain the legal process, discuss options for moving forward, and outline ways to protect both your parental rights and your child’s stability. Beginning with a free consultation gives you the clarity and direction needed to take the next step with confidence.

Testimonials

“Raul V. Trevino is an exceptional family law attorney who truly goes above and beyond for his clients. From the moment I reached out to him, Raul listened intently to my concerns and understood the importance of my situation. Thanks to his expertise, he was able to successfully navigate the complexities of my case, allowing my daughter and me to move closer to family by modifying the geographic restrictions in a previous parenting order along with other minor modifications.Raul’s approach is not only quick but also clear and straightforward, making the entire process much less stressful. I highly recommend Raul V. Trevino for anyone in need of reliable and compassionate legal services in family law. He will fight for you and your family with the utmost dedication!” — Alexandria J.

“Highly recommend!! I came to Raul in dire need of legal advice/help for a custody case. Throughout the entirety of the case he was extremely helpful, honest, and professional. Raul’s knowledge, expertise, and reassurance gave me peace of mind during the whole process. I’d also like to acknowledge his amazing assistant (Kim) for being super efficient and working fast!” — Ashley O.

“So appreciative of Raul and Myra!! 10 out of 5 stars! They were able to assist me with my legal issues swiftly and kept in touch with me every step of the way! I was never left wondering,” whats next?” They handled my situation with such professionalism and care and i would definitely recommend for anyone who is looking for someone who gets things done!” — Dayna J.

What Are the Different Types of Custody in Texas?

Texas child custody laws use the term “conservatorship” instead of custody. Conservatorship refers to the legal rights and responsibilities of parents. Courts decide different types of conservatorship based on the child’s best interests.

  • Joint managing conservatorship (JMC): Both parents share decision-making authority on major issues such as education and healthcare.
  • Sole managing conservatorship (SMC): One parent has the exclusive right to make important decisions for the child.
  • Possessory conservatorship: The parent who is not a managing conservator is granted visitation rights but has limited decision-making authority.

Time with the child is set separately — usually by a standard possession order (SPO) or, when elected and appropriate, an expanded SPO.

What Factors Do Texas Courts Consider in Custody Decisions?

a little girl sitting on the floor holding a stuffed animal; her parents are arguing in the background

Texas courts use the “best interests of the child” standard when deciding custody arrangements. Judges may consider:

  • The child’s emotional and physical needs.
  • Each parent’s ability to provide a stable home.
  • Any history of domestic violence, neglect, or substance abuse.
  • How well the parents can cooperate and communicate in co-parenting.
  • The child’s preference, if they are 12 years or older.
  • Each parent’s availability to care for the child, based on work schedules.

These factors guide the court in creating arrangements that promote the child’s safety and stability.

If you are facing a custody dispute, The Law Office of Raul V. Treviño can help you understand how these factors may apply in your case. By reviewing your circumstances and presenting evidence effectively, we work to protect your rights while keeping your child’s well-being at the forefront.

How Do I File or Respond to a Custody Case (SAPCR) in Texas?

In Texas, custody cases are filed as a Suit Affecting the Parent–Child Relationship (SAPCR). The general steps include:

  • Filing: The parent seeking custody files a petition and may request temporary orders.
  • Answering: The other parent must respond, attend hearings, and provide evidence.
  • Mediation: Often required before trial to encourage agreements and reduce conflict.

These steps involve detailed procedures and strict deadlines. At The Law Office of Raul V. Treviño, we guide parents through each stage of a SAPCR, making sure filings, evidence, and arguments are properly presented under Texas family law.

How Mediation Can Help in Texas Custody Cases

Mediation allows parents to work with an impartial third party to reach a custody agreement without going to trial. Judges sometimes require mediation to reduce conflict and encourage cooperative parenting. Even when parents agree in mediation, the judge must approve the agreement for it to become legally enforceable.

At The Law Office of Raul V. Treviño, we help parents prepare for mediation by clarifying legal rights, gathering supporting information, and identifying practical solutions. Our role is to support you in reaching an agreement that protects your parental rights and promotes your child’s well-being.

Can I Create a Custody Agreement With the Other Parent Outside of Court?

Yes. Parents can reach a custody agreement without going to trial, but the court must approve it for the arrangement to be legally enforceable. Reaching an agreement outside of court often reduces stress, saves time, and allows parents more flexibility in designing visitation schedules. It can also help build cooperation between parents, which benefits the child.

Courts will only approve an agreement if it serves the child’s best interests. At The Law Office of Raul V. Treviño, we assist parents in drafting custody agreements that reflect family needs, comply with Texas law, and receive the necessary court approval.

How Texas Courts Decide if a Parent Is Unfit

a close up of two people holding hands

Courts may decide that a parent is unfit when there is evidence of serious concerns such as:

  • Substance abuse or addiction.
  • Domestic violence or child abuse.
  • Chronic neglect of the child’s needs.
  • Inability to provide safe housing or medical care.

Families facing these issues often benefit from legal support. The team at Raul V. Treviño’s office works with parents and relatives to present clear evidence and protect the child’s well-being during custody proceedings.

When Can a Nonparent Seek Custody in Texas?

In certain situations, Texas law allows nonparents, such as grandparents or relatives, to seek custody. These cases may arise when both parents are unfit or unavailable, when there is evidence of abuse or neglect, or when the child’s living conditions are unsafe.

Grandparents may also request visitation under specific circumstances, although the legal standard for custody is higher.

At The Law Office of Raul V. Treviño, we help families understand when nonparent custody or visitation may be an option and how courts evaluate the child’s best interests in these cases.

Can I Modify an Existing Custody Arrangement in Texas?

Yes. Custody orders can be modified when there is a material and substantial change in circumstances. Examples include a parent relocating, changes in a child’s medical or educational needs, evidence of neglect, or when both parents agree to a new arrangement.

All modifications must be filed in family court and approved by a judge. Working with The Law Office of Raul V. Treviño can help you navigate this process, present the necessary evidence, and request changes that support your child’s best interests.

What Should I Do if the Other Parent Refuses to Follow the Custody Order?

If the other parent violates the custody order, you should document each incident, including missed visits or denied access. When safe, attempt communication to resolve the issue. If violations continue, you may file a motion for enforcement in family court.

Withholding child support or taking matters into your own hands is not a legal remedy. Texas courts require formal enforcement through the court system. The Law Office of Raul V. Treviño assists parents in filing enforcement actions and advocating for compliance to protect both parental rights and the child’s stability.

Protect Your Parental Rights With Guidance From The Law Office of Raul V. Treviño

Custody disputes in the state of Texas affect both your rights as a parent and your child’s well-being. Having the right legal guidance can make the difference between uncertainty and a clear path forward.

At The Law Office of Raul V. Treviño, we represent parents in San Antonio, Austin, and across Texas in custody, visitation, and support matters. We take the time to understand your circumstances, explain your options, and build a strategy that aligns with your child’s best interests. Whether you are starting a custody case, seeking to modify an existing order, or dealing with enforcement issues, our office is here to support you.

Call us at 210-409-8788 or complete our online contact form to arrange your free consultation with our experienced child custody attorney today.

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Written By Raul V. Treviño

Founder & Lead Attorney

With 14 years of courtroom experience, Raul is a seasoned litigator whose practice spans criminal law, personal injury, family law, and general litigation. Licensed in both state and federal courts, he has successfully handled jury trials and zealously advocates for clients—from misdemeanor and felony defendants to individuals and families facing complex civil disputes.

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