Category Archive: Child Custody

  • Child Custody and Same-sex Marriages in San Antonio

    Posted on May 25, 2020 by Chris Kirker

    The birth of a child is often described as a life-altering event. For many, this pivotal moment marks a new stage in one’s life—one in which the parent’s actions can no longer be guided by his or her own desires, but must now accommodate the best interests of the child. Parenthood is a unique status with a host of new privileges and responsi...

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  • Let Her Stay: A Brief Overview

    Posted on April 27, 2020 by Chris Kirker

    Recently, social media and local media outlets have buzzed with the story of Ann and her unusual custody battle. The case has gone all the up to the Texas Supreme Court. Unlike most op-eds covering the case, this post does not seek to advocate for either party, but to provide an unbiased analysis on the case’s effects on Texas family law. The u...

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  • Can I Change My Child Custody Order?

    Posted on February 3, 2020 by Chris Kirker

    Child custody is set by a court order at the time of divorce or at the resolution of an original Suit Affecting the Parent-Child Relationship (“SAPCR”). However, this order is not permanent and, as time goes on, the needs of the family may warrant changes to the original order. The process to change a child custody order is referred to as “m...

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  • Child Custody and Divorce

    Posted on January 13, 2020 by Chris Kirker

    For couples with children, one of the biggest concerns in a pending divorce is what child custody will look like. While a child custody order will depend on a multitude of factors, the court’s primary focus in issuing its order will always be the best interests of the child.  Texas’s default custody order for children older than three years ...

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  • What is a Geographic Restriction?

    Posted on September 23, 2019 by Chris Kirker

    Geographic Restriction In child custody cases, a geographic restriction limits where a child’s primary residence may be. Such a restriction may be important if, for instance, one parent tries to move away with the child, thereby hindering the other parent’s ability to see that child. A family court order including a geographic restriction will...

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  • 50/50 custody?

    Posted on September 17, 2019 by Chris Kirker

    50/50 custody? What exactly does that mean? “Custody” is a term that is commonly used and comprises multiple aspects of the parent-child relationship, including: conservatorship (rights and duties); possession and access (the schedule of time with the children); and child support. Usually when someone refers to “50/50 custody” they are ref...

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  • Same-Sex Couples and Child Custody: Am I a Legal Parent?

    Posted on February 5, 2019 by Chris Kirker

    In Texas, one of the most common problems that an individual in a same-sex relationship faces when involved in a child custody dispute is proving he or she has “legal parent” status. It is important that you be a “legal parent” because only parents with this status may sue for custody, formally known as conservatorship in Texas. There are ...

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  • What Does “SAPCR” Mean?

    Posted on June 1, 2018 by Chris Kirker

    A “SAPCR” is a Suit Affecting the Parent-Child Relationship. More specifically, this type of lawsuit addresses the rights, duties, and obligations that a parent has with regard to a child. Here are some of the issues that will likely be addressed in a SAPCR:        1. Conservatorship Will the parties be joint managing conservators, or wi...

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  • 5 Steps for a Parent to get Child Custody in Texas

    Posted on July 20, 2017 by Chris Kirker

    Child custody cases are one of the most emotional and difficult parts of a divorce in Texas, and more often than not create so much tension between a divorcing couple. This is often due to the fact that both parents want to be the primary decision maker. Our compassionate Austin Child Custody Lawyers at Kirker Davis LLP have guided thousands of di...

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  • Is 50/50 custody real and can I get it in court?

    Posted on June 21, 2017 by Chris Kirker

    We all know that in a divorce, custody and care of any children is one of the most difficult issues to settle. Even after the divorce is finalized, parents can find themselves in battles over the residence, medical care and activities of their children. The non-custodial parent may feel left out of these decisions and want more say in their child'...

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