Cibolo Family Law Attorneys

FAQ

• What are the chances of a father getting 50/50 custody in Texas?

  Texas law presumes that a joint managing conservatorship serves children's best interests, meaning both parents share decision-making authority. However, "50/50 custody" typically refers to equal time with each parent. Courts consider work schedules, the child's school location, geographic distance between homes, and each parent's historical involvement in caregiving.

  At Lishman Law, we advocate for possession schedules that reflect your actual relationship with your children. An equal custody schedule is possible and increasingly more common in Texas for fathers who demonstrate long standing and consistent involvement, stability, and the ability to meet their children's needs. A positive, cooperative, low-conflict co-parenting dynamic is one of the strongest factors in achieving a schedule that provides for equal parenting time.

  Courts often fall back on the Standard Possession Order, which gives the non-custodial parent the first, third, and fifth weekends of each month, Thursdays during the school term, alternating holidays, and an extended period of possession during the summer. Though not a true “50/50,” the Standard Possession Order nets to very close to half of the year with your child, depending on the school calendar.

• How much does a family law attorney cost in Texas?

  Attorney’s fees for a family law case in Texas vary based on complexity. Most family law attorneys in Guadalupe County charge hourly rates ranging from $250 to $500, depending on experience and board certification. Attorneys typically require initial retainers that function as advance payments against hourly billing. Uncontested matters cost less than contested cases involving custody disputes or significant asset division. Additional expenses may include court filing fees, service fees, and expert witness fees.

  At Lishman Law, we provide transparent billing and keep you informed about costs throughout your case. The initial retainer is due in full at the beginning of the case as part of the hiring process, and we do not offer payment plans.

  A typical initial retainer for a contested case at Lishman Law is between $5,000 and $10,000, but varies based on unique factors of the case.

  A typical initial retainer for an uncontested case at Lishman Law is $3,500.

• Do I need an attorney for child custody in Texas?

  Texas law does permit self-representation, but you are held to the same legal rules and standards as a licensed attorney- no special considerations will be afforded to a “pro se” litigant. That means you would be responsible for navigating complex legal terminology, legal concepts and standards, the rules of evidence, and other strict procedural rules that significantly affect outcomes. Mistakes in pleadings, paperwork, discovery, or evidence can permanently harm your case. Opposing counsel will likely exploit your ignorance of legal terminology, legal concepts, and procedural rules, and present evidence favorably for their client.

  Most parents benefit from experienced legal representation, particularly in contested custody matters in which the other parent has an attorney. At Lishman Law, we provide skilled advocacy, proper legal documentation, and persuasive courtroom representation to protect your parental rights. Custody cases can be scary for families- don’t try to navigate the system alone.

• What do judges look for in child custody cases in Cibolo, Texas?

  Texas judges focus on the child's best interests when making conservatorship and possession determinations. Courts examine each parent's ability to provide a stable home environment, the child's physical and emotional needs, the quality of existing parent-child relationships, and each parent's willingness to facilitate the child's relationship with the other parent. Other factors include the child's age and developmental needs, any history of family violence or substance abuse, parenting skills and involvement, and the child's established routines, including school and community ties.

• What does a father need to win custody in Texas?

  Fathers in Texas have equal legal rights to seek custody of their children. "Winning custody" typically means being named the parent with the right to designate the child's primary residence, though both parents often share joint managing conservatorship. Fathers demonstrate their fitness by showing consistent involvement in the child's life, providing a stable home environment, meeting the child's physical and emotional needs, and supporting the child's relationship with the mother. Courts presume joint managing conservatorship serves children's best interests unless evidence shows otherwise.

• Can one parent keep a child from the other parent without court orders in Cibolo, Texas?

  Without existing court orders, both parents of a child born during marriage have equal rights to possession. One parent cannot legally prevent the other from accessing their child indefinitely. However, without court orders establishing each parent's rights and possession schedule, a court has nothing to enforce if a parent decides to withhold or hide a child from the other parent. If parents were never married, the father has no automatic legal rights until paternity is established. The proper solution is filing a custody case that results in court orders. A child custody order will define each parent's enforceable rights, periods of possession, obligations of support, and provide legal remedies for violations.