Bexar County Family Law Attorneys
Whether you need a San Antonio divorce lawyer, a San Antonio child custody lawyer or help with child support, property division or guardianship, Barton & Associates represents families in the Bexar County courts. Our attorneys prepare every case for court, explain your options in plain terms and tell you what to expect before you decide. We handle contested and agreed cases, from the first filing through final orders and later changes. Your first consultation is free.
Gary J. Barton & Associates, Attorneys at Law
Divorce, custody and support cases decide where your children live, how your property is divided and what you will pay or receive for years. We prepare every case as one that may be tried, even when we expect to settle, and we start with the facts and the documents. Our San Antonio property division lawyer page explains how Bexar County courts divide a marital estate, and our divorce mediation lawyer in San Antonio page explains how many of those cases settle without a trial.
Our family law trial attorneys handle contested hearings, temporary orders, bench trials and negotiated settlements in the Bexar County district courts, including Desirée Flye, a trial attorney on the firm’s family law team. Our attorneys attend mediation and hearings with you, so you know who is speaking for you, and support staff track deadlines and records on each file. Every Texas lawyer’s license and any board certification can be checked through the State Bar of Texas, and we encourage you to check ours.
When you call a family law attorney in San Antonio, you should hear honest answers about timing, cost and risk. We tell you what a realistic outcome looks like, including the parts you may not want to hear, and we keep you informed between hearings. If child support is part of your case, our San Antonio child support lawyer page explains how orders are set, changed and enforced. The first consultation is free.
Proven Results for San Antonio Families
Most family cases begin when someone files a petition in a Bexar County district court, whether it is a divorce, a suit affecting the parent-child relationship or a motion to change an order. The county also has a standing order covering the children, property and conduct of the parties in divorce and parent-child suits, so read it before you file or respond. Guardianship matters start differently, in the Bexar County probate courts, and a San Antonio guardianship lawyer can explain that process.
Texas is a community property state, and a divorce court divides the marital estate in the way it considers just and right under Family Code Section 7.001, which does not require an equal split. Following cases such as Murff v. Murff, judges can weigh fault, earning capacity, health and each spouse’s separate estate, which is why the line between community versus separate property matters so much. A prenuptial agreement lawyer in San Antonio can help a couple set rules in advance that a court will generally enforce.
Texas courts decide conservatorship, who holds the rights and duties of a parent, and possession, when each parent has the child, with the child’s best interest as the primary consideration. Texas presumes that naming both parents joint managing conservators serves that interest, and a history of family violence removes the presumption. Many schedules start from the standard possession order, and the details of a schedule can matter as much as the label on the order.
Child support is set from the paying parent’s net resources under statutory guidelines, and an order is not necessarily permanent. Under Family Code Chapter 156, a court can modify custody, possession or support when circumstances have materially and substantially changed, and a divorce modification lawyer in San Antonio can tell you whether a change is realistic. When a parent stops paying, child support enforcement can include wage withholding and contempt, and our page on modifying child support explains when an order can be adjusted.
When a child is in immediate danger, a court can issue a temporary restraining order, and in narrow cases it can do so before the other parent has notice. An order that takes possession of a child or excludes a parent from access requires a verified pleading or an affidavit. Our page on emergency custody orders explains the standard. If a child is in immediate danger, call 911 first.
Judges decide family cases on evidence: financial records, school and medical records, messages, schedules and testimony. We build that record from the first week. We do not promise results, because the outcome depends on the facts, the evidence and the court. We tell you what is likely, what is at risk and what your options are.
A contested divorce or custody dispute rarely turns on one lawyer’s work alone. It takes a trial attorney who knows the courtroom, support staff who track every filing deadline, and careful preparation of the records a judge will rely on. Our family law team divides that work so that nothing waits on a single person’s calendar.
Texas lawyers are licensed by the State Bar of Texas, and board certification, where a lawyer holds it, is awarded separately by the Texas Board of Legal Specialization. Both can be checked in the State Bar’s public directory. Credentials matter, but so does the work in front of you, so ask any lawyer you interview how many contested family cases they have tried and who will appear with you in court. We are glad to answer both questions.
Contested hearings, bench trials and multi-issue cases are decided in the Bexar County district courts, and local practice matters: how judges handle temporary orders, how dockets are set and how mediation fits the schedule. Our trial attorneys prepare for local procedure, not just the statute. Cases that involve substantial assets or a business add valuation and tracing work, and we bring that in early rather than late.
Behind every filing is research on the current statute and case law and a file organized for hearing day. Texas family law changes with each legislative session and with appellate decisions, so we check the current Family Code rather than rely on memory. Our Texas Family Code guide collects the provisions we use most.
High-asset divorces and contested custody disputes benefit from more than one perspective. Attorneys, associate counsel and legal researchers on our team coordinate on strategy for those cases, so one lawyer is not carrying a complex file alone.
Clients have posted hundreds of reviews of our firm on Google reviews, where each review is tied to a Google account. You can also read our Avvo profile and our Martindale-Hubbell profile. We point to them because a rating you can check is worth more than one we simply claim.
You work with the attorney handling your case, and you receive updates between hearings instead of being routed through layers of staff. When a deadline, an offer or a hearing date changes, you hear it from us.
Prospective clients tell us they want a lawyer who is candid about cost and outcome, not just optimistic. We explain the fee arrangement at the first consultation, what your case is likely to involve and where the uncertainty lies. No lawyer can guarantee a result in a family court, and we do not.
Our main office is at 115 Camaron Street in downtown San Antonio, and we represent families from across Bexar County. You can meet with an attorney in person or by phone before your first hearing.
Most clients say the same thing: they wanted a lawyer who answered the phone, explained the process and came to court prepared. Our reviews describe that experience better than any claim on this page can.
Primary Practice Areas
Each card above opens a practice area. Divorce, custody, support, property, mediation, modification and marital agreement matters are covered there, and each page explains how Bexar County courts handle that type of case and what to bring to a consultation.
Family Law Services
Many Bexar County family cases settle in mediation, where a neutral mediator helps both sides negotiate. A mediated settlement agreement that meets the requirements of Family Code Section 6.602 is binding, and a party is then entitled to judgment on it, so a lawyer should review the agreement before anyone signs. We prepare clients for divorce mediation with the financial records and priorities needed to negotiate, and we explain when a collaborative divorce may fit instead. Mediation communications are generally confidential, which many families value.
Dividing a marital estate starts with identifying what is community and what is separate, then valuing each asset and debt. Our attorneys handle retirement accounts and pensions, which often require qualified domestic relations orders, along with the home, business interests and investment accounts. We also look for assets that are easy to overlook, such as stock compensation and accounts in one spouse’s name. A decree can assign debt between spouses, but it does not bind a creditor, so how a debt is assigned and secured matters as much as how assets are split.
A decree is not always the end of the case. Orders can be enforced when a parent or former spouse does not comply, and some can be changed. A material and substantial change in circumstances is the usual starting point for modifying custody, possession or support, and enforcement of family court orders uses motions for enforcement and contempt. Spousal support has its own rules, covered on our page about alimony and spousal support. Either way, we read the existing order first, because its wording controls what can be enforced or changed.
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Schedule a Free Consultation
Contact Barton & Associates today for a free, confidential consultation about your family law matter. Complete this form to schedule a free consultation, or call us at 210-500-0000 to check attorney availability for a phone consultation.
We are selective about the cases we accept because we treat our clients like family, with respect, dignity and unwavering commitment. In return, we expect the same courtesy. We do not tolerate rudeness toward our staff, and we will withdraw representation from any client who exhibits inappropriate behavior, dishonesty or attempts to mislead our team.
FAQ Family Law San Antonio
Look for a lawyer who handles contested family cases in the Bexar County courts, will explain the likely outcome candidly and will try the case if a fair agreement is not available. Ask who will appear with you in court and who you will speak with between hearings, and confirm any Texas lawyer’s license and discipline record through the State Bar of Texas. At our free consultation we listen to the facts, review any orders or papers you bring, explain the process and your options, and tell you where we see risk. Bring existing orders, a list of assets and debts, your children’s schedule and any recent messages that matter, and you can schedule a free consultation by phone or online.
Cost depends mostly on how much the other side contests and how much work the court requires. Many family law firms bill hourly against a retainer, and some uncontested matters can be handled for a flat fee. Disputes over custody, property or a business take more time than an agreed divorce, and no honest lawyer can promise a total in a contested case. After reviewing your facts, a lawyer should be able to explain the likely stages and a realistic range. A court may also award reasonable attorney’s fees and expenses in a divorce under Family Code Section 6.708, but that award is discretionary. Our article on the average cost of a divorce explains the main cost factors, and we discuss our fees at the free consultation.
Divorce and custody cases are filed with the Bexar County District Clerk and assigned to one of the county’s district courts. The county’s standing order on children, property and conduct of the parties in divorce and parent-child suits applies in 14 district courts, including the 225th, 285th, 288th and 407th. Once a court signs a final order about a child, it generally keeps continuing, exclusive jurisdiction over later suits concerning that child under Family Code Section 155.001, so modification and enforcement motions usually return to the same court. Guardianship cases are handled separately by the Bexar County probate courts.
To file in Bexar County, either spouse must have been a Texas resident for the preceding six months and a resident of the county for the preceding 90 days (Family Code Section 6.301). A court generally cannot grant a divorce before the 60th day after the petition is filed (Section 6.702), with narrow exceptions tied to family violence. An uncontested divorce in which both spouses agree on every term can often be finished soon after that waiting period, while a contested case takes longer because of temporary orders, discovery, mediation and trial settings. Our article on how long a divorce takes walks through the stages.
The court divides the community estate in a manner it considers just and right (Family Code Section 7.001), which is not an automatic 50-50 split. Property either spouse possesses during the marriage or when it ends is presumed to be community property, and a spouse who claims property is separate must prove it by clear and convincing evidence (Section 3.003). Judges can weigh fault, earning capacity, health and the size of each spouse’s separate estate. Debt is handled similarly, but a divorce decree does not bind a creditor, so assigning a debt to your spouse does not release you if your name is on the account. Our article explains how debt is divided and how to protect yourself in the decree.
Texas calls it spousal maintenance, and it is limited. A court may order it only if the spouse asking for it will lack enough property, including separate property, to meet minimum reasonable needs, and a Chapter 8 condition applies. The main conditions are a marriage of 10 years or longer with an inability to earn enough, a family violence conviction or deferred adjudication within the statutory window, a disability that prevents self-support, or the care of a child with a disability (Section 8.051). Maintenance generally cannot exceed the lesser of $5,000 a month or 20 percent of the paying spouse’s average monthly gross income (Section 8.055), and its length is capped, generally from five to 10 years depending on the length of the marriage (Section 8.054). Spouses can also agree to alimony by contract.
The child’s best interest is the court’s primary consideration under Family Code Section 153.002. The Code does not list factors, so courts rely on case law, often the Holley factors, which include the child’s needs, each parent’s abilities, the stability of the home and any danger to the child. Texas starts from a presumption that appointing both parents as joint managing conservators is in the child’s best interest (Section 153.131), but a finding of a history of family violence removes it. One parent usually receives the exclusive right to designate the child’s primary residence, and the other receives a possession schedule. Our article explains how conservatorship works in practice.
Possibly, if a child is in immediate danger. Under Family Code Section 105.001 a court can issue temporary orders and a temporary restraining order, and in narrow cases it can do so before the other parent has notice, when immediate and irreparable injury would result before notice can be served and a hearing held. An order that takes possession of a child or excludes a parent from access requires a verified pleading or an affidavit. Judges set a high bar because the other parent has a right to be heard, and these orders are temporary. If a child is in immediate danger, call 911 first. Then gather what shows the danger, such as police reports, medical records, photographs and messages, and bring it to us.
Yes, but in different ways. An unmarried father’s rights depend on legal parentage, which is established by a signed acknowledgment of paternity or a court order, after which he can ask for conservatorship, possession and support (Family Code Section 160.201). Grandparents face a higher bar. A grandparent seeking possession or access generally must show that denying it would significantly impair the child’s physical health or emotional well-being, and the statute lists the qualifying circumstances (Sections 153.432 and 153.433). Our pages explain paternity and parentage actions, father’s rights and grandparents’ rights.
Guidelines apply a percentage to the paying parent’s monthly net resources: 20 percent for one child, 25 for two, 30 for three, 35 for four and not less than 40 for five or more (Family Code Section 154.125), up to a cap on net resources that the state adjusts about every six years. A court can depart from the guidelines when they would be unjust or inappropriate, and medical support is ordered in addition. An order can be modified when circumstances have materially and substantially changed, or when three years have passed and the amount differs from the guideline amount by 20 percent or $100 a month (Section 156.401). You can estimate a figure with our child support calculator, and our page explains how child support is calculated in more detail.
A court can modify conservatorship or possession only if the change is in the child’s best interest and one of three grounds in Family Code Section 156.101 applies: a material and substantial change in circumstances, a child 12 or older who has told the court in chambers which parent the child prefers to designate the primary residence, or a primary-residence parent who has voluntarily given up primary care and possession for at least six months. A request to change who designates the primary residence within one year of the last order also needs a supporting affidavit (Section 156.102). To enforce an order, you file a motion for enforcement or contempt in the court that signed it. Our article on a suit to modify conservatorship explains the process.
Mediation is a negotiation led by a neutral mediator, and it is how many family cases settle. Under Family Code Section 6.602, a mediated settlement agreement in a divorce is binding if it states prominently that it is not subject to revocation and is signed by each party and by each party’s attorney who is present, and a party is then entitled to judgment on it. Section 153.0071 sets similar requirements for agreements about children, though a court may decline to enter judgment in limited cases involving family violence or a person with a history of abuse, if the agreement is not in the child’s best interest. Because the agreement is binding once signed, have a lawyer review it first. Our article explains what to expect in mediation.
Generally, yes. A premarital agreement is not enforceable if the spouse challenging it proves that he or she did not sign it voluntarily, or that it was unconscionable when signed and that spouse did not receive fair and reasonable disclosure of the other’s finances, did not waive that disclosure in writing and lacked, and could not reasonably have had, adequate knowledge of them (Family Code Section 4.006). A premarital agreement cannot adversely affect a child’s right to support (Section 4.003). Married couples can also sign a partition and exchange agreement under Chapter 4 to change how property is characterized. Full disclosure and independent advice help an agreement hold up, and our article on high-net-worth prenuptial agreements covers business and investment assets.
Custody decides who holds the rights and duties of a parent for a child. Guardianship is a court proceeding in which a person is appointed to make decisions for an incapacitated adult or, in some cases, a minor, and in Bexar County it is handled by the probate courts. The Bexar County Probate Division notes that an attorney is needed to file. Before appointing a guardian, a court must find by clear and convincing evidence that alternatives to guardianship, and supports and services that might avoid it, have been considered and are not feasible (Estates Code Section 1101.101). Our pages explain guardianship versus custody, adult guardianship and temporary emergency guardianship.
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