Category Archive: Child Custody

  • Can Being a Woman Business Owner or Leader Hurt You in a Physical Custody Battle for Your Children?

    Posted on August 2, 2023 by Holly Davis

    Many mistakenly believe mothers are more likely to receive physical custody of their children in a dispute than fathers. And this used to be the divorce norm in the country when families followed more traditional gender roles and fewer women were in the workforce. This presumption dates back to when women were traditionally seen as caregiver...

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  • What happens when someone interferes with my possession periods?

    Posted on July 5, 2021 by Chris Kirker

    Courts regularly award possessory rights related to a child through divorce decrees and custody orders. Unfortunately, problems can arise after this order when one of the parties violates the order by denying the other party access to the child when it is his or her period of possession. When a person takes, retains, or conceals a child a...

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  • What Should I Do if My Spouse Tells Me to Move Out?

    Posted on May 24, 2021 by Chris Kirker

    If your spouse tells you to move out, you should consult a family law attorney before doing so. There can be negative legal consequences that result from moving out of the marital home. Generally, your spouse cannot force you out of the marital home without your agreement or a court order. During divorces, judges often grant temporary orders to p...

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  • 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 wil...

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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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