Nothing in a divorce or separation matters more than your children. Whether you're getting divorced, were never married to the other parent, or need to change an existing order, Attorney Jesus R. Lopez helps Seguin parents get custody arrangements that work for their children and their lives.
How custody works in Texas
Texas law doesn't use the words "legal custody" and "physical custody." Instead, a custody order covers two things:
- Conservatorship: the rights and duties to make decisions for your child, such as education, medical care, and where the child primarily lives.
- Possession and access: the schedule for when each parent has the child, including weekends, holidays and summer.
Texas presumes that naming both parents joint managing conservators is in a child's best interest, unless there's a reason it isn't, such as a history of family violence. Even with joint conservatorship, one parent usually has the exclusive right to decide the child's primary residence, often limited to Guadalupe County and the counties next to it. The other parent typically has time under a Standard or Expanded Standard Possession Order, unless the parents agree to a different schedule.
Free tools: see your schedule day by day with our Texas possession schedule calendar (Seguin ISD, Navarro ISD and SCUC ISD dates built in), and keep co-parenting organized with Kindline.
What courts look at
Every decision is based on the best interest of the child. Judges consider things like each parent's involvement in the child's life, the stability of each home, the child's physical and emotional needs, any history of abuse or neglect, and each parent's willingness to support the child's relationship with the other parent. A child 12 or older can talk with the judge, usually in chambers, about their wishes. Read more: factors courts consider in a Seguin custody case and the child's preference.
How we help Seguin parents
- Custody in a divorce, including temporary orders while the case is pending
- Custody cases for parents who were never married, including establishing paternity and father's rights
- Custom possession schedules, including week-on/week-off and schedules for parents who live far apart
- Relocation and geographic restriction disputes
- Modifying an existing custody order when circumstances change
- Enforcing possession when the other parent won't follow the order
- Cases with an amicus attorney or attorney ad litem, supervised visitation, or CPS involvement
- Grandparent and stepparent adoption cases
Agreement when possible, court when necessary
Most custody cases in Guadalupe County settle through negotiation or mediation, which is usually faster, less expensive and easier on children. Attorney Lopez has worked with many area mediators to resolve highly contested cases. When an agreement isn't possible, we prepare your case to present to the judge.
Child custody guides
- The Texas Standard Possession Order explained
- Co-parenting after a Texas divorce
- Military families: custody and deployment
Child custody FAQ
Do mothers get custody more often in Texas?
No. Texas law is gender-neutral. Courts decide based on the child's best interest, not on whether a parent is the mother or father.
Can I move out of Guadalupe County with my child?
It depends on your order. Many Texas orders limit the child's residence to a geographic area. Moving outside it usually requires the other parent's agreement or a court order.
What if we were never married?
If the parents weren't married, the father has no court-ordered rights until paternity is established, either by a signed Acknowledgment of Paternity or by court order. A court can then enter orders on conservatorship, possession and child support.
At what age can my child choose where to live?
No age lets a child decide on their own. A child 12 or older can tell the judge their preference in an interview, and the judge weighs it along with everything else.
How much does a custody case cost?
We use flat fees for most custody cases, with payment plans available. Call for a free consultation and a quote.