Let’s be honest: nobody wakes up on a beautiful San Antonio morning, looks at the Tower of the Americas, and thinks, “You know what would be fun today? Calculating net resources and discussing the Texas Family Code.”

If you are dealing with child support, you’re likely feeling a mix of stress, confusion, and maybe a little bit of “how did I get here?” Whether you’re the one who will be receiving support to keep the fridge full and the soccer cleats paid for, or the one writing the check every month, the process can feel like trying to navigate the River Walk on a crowded Saturday—confusing, a bit loud, and full of tourists (or in this case, legal jargon) getting in your way.

That’s where a San Antonio child support lawyer comes in. At Tessmer Law Firm, we believe that “legal” doesn’t have to mean “boring” or “intimidating.” We’re here to take the weight off your shoulders so you can get back to what matters: being a parent.

The “Not-So-Secret” Formula: How Texas Does Math

In Texas, child support isn’t a guessing game played by a judge who just happened to have a good breakfast. It’s based on a specific formula. If you’ve ever tried to read the Texas Family Code, you know it’s about as exciting as watching paint dry on a hot July afternoon in Bexar County.

Generally, the state uses a “percentage of net resources” model. Here is the quick-and-dirty breakdown for one household:

• 1 Child: 20% of net resources
• 2 Children: 25% of net resources
• 3 Children: 30% of net resources

But wait—what exactly counts as a “net resource”? This is where people get tripped up. It isn’t just your base salary. It can include bonuses, commissions, overtime, and even that side hustle you started selling custom Fiesta medals. A skilled San Antonio child support lawyer ensures that the “net” is calculated fairly. We make sure nobody is hiding income under a digital mattress, and we ensure the payor isn’t being squeezed for more than the law requires.

Why “DIY” is for Home Decor, Not Courtrooms

We get it. The internet is full of “calculators” and “do-it-yourself” legal forms. It’s tempting to try and save a few bucks by handling it yourself. But child support is about the next 18 years of your life (and your child’s life).

Think of it like this: Would you perform your own root canal? Hopefully not. Would you try to fix the foundation of your house with a YouTube tutorial and some duct tape? Probably not.

A San Antonio child support lawyer brings something to the table that an online form can’t: local context. We know the Bexar County courts. We know the judges. And we know how the local standing orders work. More importantly, we know how to argue your specific story. Maybe your child has special medical needs that require “above-guideline” support. Or maybe your income fluctuates wildly because you work in the South Texas oil fields. These aren’t just numbers; they are your life.

Life Happens: Modifications and Enforcement

If there is one thing we know about life in San Antonio, it’s that things change. Jobs are lost, promotions are won, and kids grow up (and get more expensive).

When the Order Needs a “Makeover”

A child support order isn’t set in stone. If it’s been three years since the last order, or if there has been a “material and substantial change in circumstances,” you can ask for a modification.

• Job Loss: If you lose your job, you still owe the original amount until the court says otherwise. Don’t wait!
• Relocation: Moving for a job at USAA or Rackspace? That might change the visitation schedule, which can sometimes impact the support flow.

When Someone Stops Playing Fair

It’s frustrating when the other parent stops paying. It’s not just about the money; it’s about the broken promise to the child. A San Antonio child support lawyer has the tools to enforce the order. This can include wage withholding, intercepting tax refunds, or even “contempt of court” (which is a fancy way of saying the judge gives them a very stern talking to… or a stay in the Bexar County jail).

The Tessmer Touch: Compassion with a Side of Grit

At Tessmer Law Firm, we’re known for our “Ever Argue With a Woman?” campaign. It’s a bit cheeky, sure, but it speaks to a deeper truth: we are tenacious. We don’t just fill out forms; we advocate.

We understand that behind every child support case is a family in transition. Our goal is to move you through the process with as much grace and as little drama as possible. We want the resolution to be fair. We want your kids to be taken care of. And we want you to feel like you have a powerhouse in your corner.

Note: According to the Texas Attorney General’s Office, child support is a right that belongs to the child, not the parent. This is a crucial distinction that drives how Texas courts make their decisions.

FAQs: The Stuff Everyone Asks

1. Does my new spouse’s income count? In Texas, generally no. The court looks at your resources, not your new husband’s or wife’s. You can breathe a sigh of relief there.

2. What if we agree to $0 in support? The judge still has to approve it. Since support is for the child’s well-being, judges are often very hesitant to approve $0 support unless there is a very specific, iron-clad reason (like perfectly split 50/50 custody where both parents earn the exact same amount).

3. When does it end? Usually, when the child turns 18 or graduates high school (whichever is later). If the child has a disability, it could potentially last longer.

Conclusion: Let’s Get This Handled

You don’t have to do this alone. Whether you’re in Stone Oak, Alamo Heights, or right in the heart of downtown, your family deserves representation that is both professional and personal.

Don’t let the paperwork and the stress keep you up at night. Let a San Antonio child support lawyer handle the heavy lifting while you focus on being the best parent you can be.

Ready to find a fair path forward? I can help you prepare for a meeting with your legal team! Would you like me to create a “Child Support Consultation Checklist” so you know exactly what documents to bring to your first appointment at Tessmer Law Firm?

The post The “No-Stress” Guide: Best San Antonio Child Support Lawyers appeared first on Tessmer Law Firm.

1. Commonality

As a firm that has handled countless, often messy divorce cases, we understand that working closely with your ex or soon-to-be-ex can be mentally and emotionally draining. After all, you are separated for a reason! During these times, it is vitally important for the well-being of your children that you and your ex learn to conduct yourselves civilly when it comes to parenting matters.

Remember, no matter how different you two may be, you will always have your children in common and you both love them very much. Keeping this in mind can remind us that our children and their well-being should always be at the forefront.

2. Consistency

Every parent knows that children like to test our boundaries. Children push the envelope and see what they can get away with while learning who they are and where they fit in the world. 

For these reasons, it is important for you and your ex to get on the same page regarding discipline. When one parent allows something that the other parent does not, it often creates a power struggle in the mind of your child. They may begin to wonder who is really in charge and often act out as a result. Your children deserve consistency and stability in their lives. Having set rules for both households can go a long way in making them feel safe and reassured.

3. Conversation

Children’s brains are like sponges, always soaking up information. This can be an issue with negative conversations that you have about your ex in front of your child. We understand that your ex might be someone that you perceive rather negatively. To your child, however, that is their mother or father, and they deserve to have a parent that they are proud of.

We know how hard it might be to find anything positive to say about your ex, but it’s vitally important for the well-being of your child to only speak positively about the other parent in front of them. Psychology statistics often show that children grow up to be generally happier and have higher self-esteem in cases where the parents chose to positively represent each other.

4. Composure

Has your child ever told you that their daddy put them in timeout for something silly or maybe that mommy lets them drink as much soda as they want before bed? For many, our first reaction is to be angry at and condemn our ex. 

Here at Tessmer Law Firm, we would urge you to remain calm. Your child is always watching and listening. Choose this moment to trust that your ex is doing their best for your child, just as you are. We know that it’s hard, but it will help to reinforce a sense of family for your child. This will remind them that, even when separated, you and your ex are both their parents.

5. Coexist

This one is tough; we won’t sugar-coat it. The reality of your situation is less than ideal, and it can often feel overwhelming to work so closely with someone whom you might have a tainted history with. 

Co-parenting is not pleasant, it’s not fun, and it certainly isn’t what you signed up for. You’re entitled to feel angry and sad about the situation, and you should allow yourself to feel those things. However, remember, at the end of the day, your kids need both you and your ex to step up. Be the best partners that you can be, given the circumstances, for their sake. You both love them very much, and they will remember all that you both did to make this transition so much easier for them.

We hope you found these tips valuable and informative. If you have questions about divorce, custody, or any other legal matter, schedule a confidential consultation with one of our attorneys by clicking here or calling us at 210-368-9708.

The post The 5 C’s of Co-Parenting appeared first on Tessmer Law Firm.

With so much focus on the mother after a child is born, a father’s rights during adoption can sometimes get lost in the shuffle. As detailed below, fathers should know that in Texas they also have rights during this process, and they should know exactly what those rights are. Though Texas law recognizes a father’s rights, the father must still assert these rights if he is to benefit from having them at all. Here at Tessmer Law Firm, we want to help fathers understand their rights during the adoption process better.

The Basics

Adoption means terminating the parental rights of both birth parents. As such, in the case of adoption, consent must be received from both parents in order to proceed. This means that the child’s biological father must first be notified of the birth and the mother’s plans for adoption. Notification can be made either personally by service or by publication. Reasonable efforts must be made to locate the father before the adoption can proceed.

If the mother does not know who the biological father of the child is, efforts still must be made to find the identity and whereabouts of the biological father. The Department of Family and Protective Services must show the court that diligent efforts to locate the father were made.

Under Section 161.002 of the Texas Family Code, the rights of an alleged father may be terminated if:

• the child is over one year of age at the time the petition for termination or adoption is filed;
• he has not registered with the paternity registry; and
• if, after exercising due diligence, his identity and location cannot be determined; or
• his identity is known but he cannot be located.

This means that a father who wants a relationship with his child has one year from the child’s birth to sign up with the paternity registry. If a father fails to add his name to the paternity registry, his rights can be terminated after one year if he cannot be found or if his identity is unknown.

How Can I Get Notified of the Biological Mother’s Plans for Adoption?

If you suspect you are the father of the child, the fastest way to make sure you are notified of the mother’s plans for adoption is to add your name to the state paternity registry. 

Texas allows fathers to add their names to the state paternity registry. The Texas Vital Statistics Unit operates the state paternity registry. By adding his name to this list, he declares that he is the father of a child and that he wants to claim his parental rights. He can either register before the child is born or within thirty-one (31) days after the birth of the child.

The paternity registry is used when the biological father and biological mother no longer have a relationship, and the father is not listed on the child’s birth certificate. A father adding his name to the list does not legally establish paternity, and it cannot be used to add the man’s name to the birth certificate. It simply allows the father to be notified, and it puts the biological mother on notice that the father wishes to claim his parental rights.

Again, a father who wants a relationship with his child has only one year from the child’s birth to sign up with the paternity registry. If he does not, his rights can be terminated if he cannot be found or if his identity is unknown.

How Do I Establish Paternity?

In Texas, if you are not a presumed father, you then must be declared a legal father. Texas law recognizes presumptions of paternity. A presumption of paternity means that, in certain circumstances, the law will assume a man is a child’s father.Fathers who qualify as presumed fathers automatically get a parent’s legal rights. Texas law presumes paternity if the parents were married before the child was born and the child was born either during the marriage or less than three-hundred and one days after the marriage ended. 

If the parents were married after the child was born, Texas law presumes paternity if the father: 

• files a document asserting his paternity with the Texas Vital Statistics Unit;
• is named on the child’s birth certificate as the father; or 
• promises in writing to support the child as his own.

If the couple was never married, Texas law presumes paternity where the father continuously lived with the child in the same household during the first two years of the child’s life and represented to others that the child was his own.

If you are not the presumed father, you can ask a court to legally recognize you as the child’s father. To be declared a legal father, you must unequivocally establish that you are the father and when a court determines that a man is the legal father of a child, that ruling establishes paternity. This is typically done via a paternity test. However, if the biological mother agrees that you are the biological father, you can then fill out an Acknowledgement of Paternity, which allows your name to be placed on the birth certificate. Once this occurs, the biological father has the same rights as the biological mother.

What if the father of the child also wants to place the child up for adoption?

As follows, these are the laws for parents who are on the same page regarding placing the baby up for adoption. 

A father can sign an affidavit giving up all rights to his child at any time after the child’s first trimester. However, if a man is the biological father and married to the biological mother, he cannot consent to giving up all rights to his child until forty-eight (48) hours after the child’s birth. 

What if the father of the child does not want to place the child up for adoption?

A birth father may not consent to the adoption. Birth fathers have the same legal rights as birth mothers. As a biological father, you have the right to object to placing the child up for adoption, request a paternity test, and file suit to seek custody of your child. 

Conclusion

If you believe you are the father of a child and would like to know more about your rights as a father and claim those paternal rights, an experienced Family Law attorney can help you protect your rights as a father. We would be more than happy to assist you at Tessmer Law Firm. For more information regarding your parental rights, schedule a confidential consultation with one of our attorneys by clicking here or calling us at 210-368-9708.

The post What Are a Father’s Rights at Birth When the Mother Wants to Consent to Adoption? appeared first on Tessmer Law Firm.

If you are currently enduring the lengthy process of a divorce, then it is not uncommon to have questions. For many parents, there can be a lot of confusion about custody and the legal jargon associated with it. Here at Tessmer Law Firm, we want to help you understand the ins and outs of the process in Texas!

THE BASICS

In Texas, the law presumes that you and your spouse will be “joint managing conservators.” This means that both parents will share parental rights and obligations. Attorneys and judges use the word “conservatorship” when referring to child custody, and “possession” when referring to visitation. In the case of joint custody, both parents will have conservatorship of the child. Under Texas law, there are two types of joint conservatorships: physical and legal.

JOINT PHYSICAL CUSTODY

Physical custody determines who your child will live with on a day-to-day basis. Generally, parents are awarded 50/50 custody as it is seen as being in the best interest of the child. This style of conservatorship means that your child will be living with Mom and Dad for the same number of days each month. That being said, 50/50 is not always guaranteed and there are situations where one parent is given primary physical custody. In these situations, the other parent is given secondary physical custody or no custody at all. Importantly, these cases should be seen as the exception rather than the rule. A parenting plan will be developed to determine how long your child will stay with each parent.

The court will consider several factors when determining physical custody. One of the factors includes which parent has historically been the primary caretaker. The court may ask some questions to determine this, which could include asking who cooks dinner for your child, helps with homework, or gets them dressed in the mornings. Additionally, the court will determine which parent has the resources to support and care for the child’s physical/emotional needs. The court may ask for your child’s preference as to which parent he/she would prefer to live with. Of course, this is only if they are old enough to make an informed decision.

JOINT LEGAL CUSTODY

Legal custody determines who will make the important decisions for your child. Important decisions can include but are not limited to, the child’s education, health, and religion. In most states, it is common for parents to be awarded joint legal custody. Joint legal custody means that both you and your ex-spouse will have a say in determining what is in the best interest of your child. These decisions may include choosing to put your child on medication or changing their school. However, the courts acknowledge that it is likely that the parent whom your child spends more time with may have a bigger influence in this area. The courts often determine this parent to be the one with a greater understanding of the child’s wishes.

WHAT TO DO NOW

It is important to remember that whatever decision a court makes regarding the custody of your child is not permanent. Custody agreements can be modified upon an agreement reached by both parties or by petitioning the court for a modification. Either way, you will be pleased to know that your situation can still be changed. Imperatively, if you are unsatisfied and would like to change your agreement, then it is wise to retain a lawyer to help you. We would be more than happy to assist you through this change at Tessmer Law Firm. If you believe that your child would benefit from a new custody agreement, please call our office to schedule a consultation.

The post Joint Custody: Physical and Legal appeared first on Tessmer Law Firm.

By: Mariana Posadas

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Today, there are more active cases of COVID-19 in Texas than when the virus first arrived in the United States. The 2020 global pandemic has changed the way we live, forever. Students around the country are attending school virtually. With holidays around the corner, parents are left wondering whether they are obligated to follow their court-ordered custody holiday visitation schedule. 

What Are Joint Managing Conservators?

            Typically, Texas law says that parents should usually be named Joint Managing Conservators. A joint conservatorship order means both parents share decision making about the child. Such decisions include schooling, religious training, and medical decisions.  In most joint conservatorship orders, one parent will have the exclusive right to decide where the child lives. This parent is called the “custodial parent.” The other parent with whom the child does not live with, is called the “non-custodial parent.”

What’s a Possession Order?

            A possession order says when each parent has the right to visitation with the child. Joint Managing Conservators often share possession and access of the child through a Standard Possession Order. A Standard Possession Order states that parents will rotate holidays with the child every other year. Under this order, the non-custodial parent will have rights to the child during the holidays in even-numbered years. The non-custodial parent possession and access begins the day that the child is dismissed from school for Christmas vacation, and will continue until noon on the 28^th of December. After that, the custodial parent has rights to the child until the child returns to school after the Christmas break.

 In odd-numbered years, the custodial parent has rights to the child during the holidays. The custodial parent’s possession begins when the child is dismissed from school for Christmas vacation and will continue until noon on the 28^th of December. After that, the non-custodial parent has rights to the child until the day before the child returns to school after the Christmas break.

Can You Ignore a Possession Order?

Traveling during these trying times may be dangerous, and therefore parents across the State may be planning on ignoring their possession and access order. However, Courts in Texas have held that parents should follow their visitation schedule based on their original school schedule, regardless if the children are online learning, and regardless of the global pandemic. In other words, shelter in place orders and social distancing does not supersede custody orders. Therefore, parents should follow their custody arrangement, as failure to do so may result in contempt of court and sanctions. However, the Standard Possession Order says that the parents may have possession of the child whenever they both agree. With the danger of COVID-19 lingering, many parents may agree to overlook the possession and access order, and agree to an alternative and safer holiday schedule.   

Contact Us today for questions and more information about custody and Covid-19.

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