Child Custody Guiding Families Forward

Attorney in Frisco, TX Protecting Your Children’s Best Interests

We understand that child custody cases are among the most emotional and challenging aspects of family law. Whether you’re navigating a divorce with children or seeking a modification to an existing custody arrangement, our experienced attorneys are here to guide you. We work closely with our clients to ensure that the best interests of the child are prioritized and that your rights as a parent are protected.

Types of Child Custody in Texas

In Texas, child custody is referred to as “conservatorship” rather than “custody.” There are two main types of conservatorship:

Joint Managing Conservatorship (JMC)

Both parents share decision-making responsibilities for the child. This does not necessarily mean that parents will have equal time with the child, but it does give them joint authority over important decisions such as education, medical care, and religious upbringing.

Sole Managing Conservatorship (SMC)

One parent has the exclusive right to make decisions about the child’s welfare, and the other parent typically has visitation rights.

The Standard Possession Order governs the timesharing of children when parents are joint managing conservators, ensuring that the child has meaningful contact with both parents.

How the Court Determines Child Custody

Texas courts will make decisions based on the child’s best interest, and several factors are considered when determining custody arrangements. These factors may include:

  • The child’s desires, if the child is old enough to express a preference.
  • The emotional and physical needs of the child.
  • The ability of each parent to provide a stable and supportive environment.
  • The relationship each parent has with the child.
  • Any history of abuse, neglect, or family violence.

We work with you to present evidence and arguments that support your case and aim to meet the court’s requirements for a favorable decision.

Child Custody Process in Texas

The child custody process typically follows these steps:

  1. Filing the Petition
    The process begins when one parent files a petition for conservatorship in court.
  2. Negotiation or Mediation
    If both parents cannot agree on custody, mediation may be required. Mediation allows parents to negotiate custody arrangements with the help of a neutral third party.
  3. Trial
    If mediation fails, the case will proceed to trial where each parent will present evidence and the court will make a final decision based on the child’s best interests.
  4. Custody Agreement
    Once a decision is made, the court will issue a final custody order or visitation schedule.
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Why You Need a Skilled Child Custody Lawyer

Child custody cases are complex and emotionally charged. Having an experienced attorney can make a significant difference in the outcome of your case. We are committed to protecting your rights as a parent and ensuring that your child’s well-being is always the priority.

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Common Questions About Child Custody

  • If the parents cannot agree on conservatorship and access issues, on what basis will the court decide those issues?

    These matters, like all of those pertaining to children, are based upon a finding by the court of the children’s best interest. As discussed above, the Texas Family Code contains a “Standard Possession Order” which is presumably in the children’s best interest. While the court does not have to follow that order, that is where the discussion starts, and often, where it ends.

  • If the parents cannot agree about child custody (“conservatorship”) how will the court make a decision on that issue?

    Find out more.

  • I have heard that the presumption in Texas is that the parents of a child should be appointed as "joint managing conservators."

    Does That Mean The Parents Split Time With The Children 50-50?

    No. “Joint Managing Conservators” means that the parents share rights and duties to to their children. This means that both parents should be involved in the making of important decisions for their child, such as school issues and when a medical decision is needed. The “Standard Possession Order” awards possession and access to the children. And, it is presumed to be in the best interest of a child who is 3 years of age or older.

  • What happens if parents cannot agree on a custody arrangement?

    If parents cannot agree on a custody arrangement, the court will intervene and make a decision based on the child’s best interests. The court considers factors like the child’s emotional bond with each parent, the ability of each parent to care for the child, and any history of abuse or neglect​.

  • How is child support determined in Texas?

    Child support is calculated based on the non-custodial parent’s income and the needs of the child, which includes basics such as food, clothing, shelter, and medical care. Texas uses guidelines to calculate child support, but the amount may vary based on special needs or other considerations​.

  • Can the court change the custody arrangement after it's been decided?

    Yes, the court can modify the custody arrangement if there has been a significant change in circumstances, such as a parent’s relocation, a change in the child’s needs, or if the current arrangement is not in the child’s best interest.

  • How does the court decide the child's best interests?

    The court will assess various factors to determine what is in the child’s best interests, including the child’s emotional and physical needs, each parent’s ability to provide for the child, and the child’s relationship with both parents​.

  • What is the difference between joint and sole managing conservatorship?
    In a Joint Managing Conservatorship (JMC), both parents share the rights to make decisions about their child’s life, though they may not necessarily have equal time with the child. In a Sole Managing Conservatorship (SMC), one parent has the exclusive right to make major decisions for the child, and the other parent typically has limited visitation or no access to the child​.
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