Family law touches almost every corner of life, children, homes, finances, and futures. In San Antonio, families often find themselves navigating custody schedules, child support, or questions about prenuptial agreements without a clear map. This guide brings the process into focus. Drawing on how Texas courts actually approach these cases, it explains what to expect at each step and why strategies like mediation can reduce stress, cost, and conflict. For those seeking clarity or considering counsel, firms like Lishman Law provide the steady, local guidance people count on from a trusted San Antonio family attorney.
Common family law disputes faced by San Antonio residents
Custody, visitation, and the “best interest” standard
When parents separate, Texas courts center every decision around the child’s best interest. In practical terms, that means judges look at the child’s needs, each parent’s ability to meet them, the history of caregiving, and any concerns about safety or stability. Many families follow the Standard Possession Order (SPO), but schedules can be customized, especially for infants, shift workers, or parents living far apart. A San Antonio Family Attorney helps craft parenting plans that anticipate school calendars, exchanges, holidays, and transportation, details that prevent friction later.
Property division in a community property state
Texas is a community property state. Generally, income earned and assets acquired during the marriage belong to the community and are divided in a “just and right” manner at divorce. That doesn’t always mean 50/50. Factors like health, earning capacity, fault in the breakup, and who’s keeping the home can tilt the balance. Separate property, owned before marriage, or received by gift or inheritance, remains separate but must be proven. Documentation matters here: a well-organized financial picture can save months of discovery.
Child support and medical support
Child support commonly follows Texas guidelines, which apply a percentage to the paying parent’s net resources and ensure medical/dental support is addressed. Modifications are available when circumstances change substantially or by the three‑year guideline rule. Local knowledge helps parents in Bexar County anticipate how judges handle unique issues like self‑employment or fluctuating income.
Family violence and protective orders
Sadly, some cases involve family violence. Texas courts can issue protective orders, adjust possession and access for safety, and require supervised visitation when needed. Judges move quickly on safety-related requests, and credible documentation, police reports, medical records, messages, can be critical to outcomes.
Spousal maintenance (alimony) in limited circumstances
Texas spousal maintenance is not automatic. It’s available in specific situations (such as long marriages with limited earning capacity or disability, or when family violence is proven) and is capped by statute. Even when granted, courts aim to create a short runway for a spouse to become self-supporting.
In all of these disputes, early legal advice can prevent small misunderstandings from snowballing into expensive battles.
Child support guidelines and enforcement in Texas courts
How Texas calculates child support
Texas applies guideline percentages to the obligor’s net resources (after certain deductions like Social Security taxes and health insurance for the child). The typical guideline is:
- 1 child: 20%
- 2 children: 25%
- 3 children: 30%
- 4 children: 35%
- 5 children: 40%
- 6+ children: not less than 40%
Courts apply the percentages up to a statutory cap on net resources that the Texas Office of the Attorney General periodically updates. For high earners, judges may consider the child’s proven needs when deciding whether to go above the cap. Shared parenting time doesn’t automatically change support, but substantial overnights and direct expense sharing can influence outcomes when justified by the facts.
Enforcement tools with real teeth
When support isn’t paid, Texas courts and the OAG can enforce through:
- Income withholding orders
- License suspensions (driver’s, professional, recreational)
- Liens on bank accounts and property
- Tax refund intercepts
- Contempt proceedings, which can include fines or jail time in serious cases
San Antonio courts expect prompt compliance with medical and dental support as well. Keeping receipts and using payment systems that generate records helps both sides avoid disputes.
Modifying support
Support can be modified if there’s a material and substantial change in circumstances (job loss, significant income change, new medical needs), or if three years have passed and the guideline amount differs by either 20% or $100 from the current order. A San Antonio family attorney can assess whether seeking a modification is worth it, and help present accurate, credible financials that courts trust.
The role of marital agreements in family law proceedings
Prenups and postnups: clarity before conflict
Texas recognizes premarital (prenup) and postmarital (postnup) agreements under the Texas Family Code. These contracts let couples define how property, income, business interests, and debt will be handled if the marriage ends or a spouse dies. They can preserve family businesses, set expectations about separate vs. community property, or address spousal maintenance. What they can’t do is waive a child’s right to support.
Enforceability 101
To be enforceable, these agreements must be in writing and signed. Courts look at fairness at the time of enforcement: unconscionability, whether there was a fair and reasonable disclosure of assets, and whether the other party waived the right to that disclosure. Independent counsel for each party and clean, full financial disclosures go a long way. Timing matters too, signing weeks before a wedding with time to review reads very differently than a last‑minute push.
Practical impact in court
In divorce, a valid agreement can dramatically streamline the process by removing major disputes from the table. Instead of litigating property characterization or valuation, the parties and their attorneys can focus on parenting, support, and a shorter path to resolution. For San Antonio entrepreneurs and military families, with frequent moves and unique benefits, marital agreements can provide helpful certainty.
Why mediation reduces conflict in family law cases
More control, less courtroom
Mediation gives parents and spouses a confidential space to negotiate with the help of a neutral mediator. Most Bexar County family courts strongly encourage, and often require, mediation before trial. The benefits are tangible:
- It’s private, discussions aren’t aired in open court.
- It’s faster, many cases settle in a day or two.
- It’s flexible, parents can craft schedules courts might not have time to design.
- It’s durable, people are more likely to follow a plan they helped build.
The power of a binding MSA
A properly drafted Mediated Settlement Agreement (MSA) is usually binding and can be hard to unwind. That finality encourages serious negotiation and reduces post‑judgment skirmishes. A seasoned San Antonio family attorney prepares clients for mediation with proposals, backup options, and a clear sense of priorities, so the day focuses on solutions, not surprises.
When mediation isn’t enough
There are times mediation won’t resolve everything, especially in cases involving safety concerns, severe addiction, or patterns of coercive control. In those matters, courts can issue temporary orders, appoint guardians ad litem, or set evidentiary hearings to protect children while the case proceeds. Even then, partial settlements on non‑safety issues can narrow what’s left for the judge to decide.
