Child Custody Lawyer in Frisco

Protecting Your Children’s Best Interests in Texas

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.

Contact us today to schedule a consultation with our Frisco child custody attorneys. 

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 time sharing 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.

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.

For families in Frisco, the process may take place in either Collin County or Denton County courts, depending on where your child has been living and how long they have lived there. We walk you through what to expect at each stage—from the first filing to temporary orders hearings, mediation sessions, and any final trial dates. Understanding the timeline and the types of hearings involved can reduce some of the stress and uncertainty you may be feeling.

Modifying And Enforcing Child Custody Orders

A job relocation, a child starting a new school, health concerns, or ongoing problems with exchanges can all create situations where an existing order no longer works. In those circumstances, a parent may seek a modification of conservatorship or possession and access, or may need help enforcing an order if the other parent is not following the schedule. We help you understand whether your situation meets the legal standards for a change and what evidence the court will expect to see.

For modifications, Texas law generally requires a material and substantial change in circumstances or, in some cases, a child’s preference when the child is old enough. We work with you to document the changes that have occurred, such as new work hours, moves within or outside the Frisco area, or significant shifts in your child’s needs. When enforcement is the issue, we can review your existing order with you, explain what the court can do to address violations, and help you decide whether filing an enforcement action is the right step for your family.

Frequently Asked Questions

How Long Does a Child Custody Case Usually Take in Texas?

The length of a child custody case depends on many factors, including whether temporary orders are needed and how quickly parents can reach agreements. Some agreed cases in Frisco can be resolved in a few months, while highly contested matters that go to trial may take much longer. Your attorney can give you a more specific timeframe after learning about your situation and the court where your case will be heard.

Can My Child Choose Which Parent to Live With?

There is no specific age at which a child can decide where to live, but Texas courts may consider a child’s preferences as one factor in the overall best-interest analysis. In some cases, a judge may speak with a child privately in chambers to hear those wishes. The court will still weigh many other considerations, such as stability, safety, and each parent’s ability to meet the child’s needs.

Do I Have to Go to Mediation in a Child Custody Case?

Many courts serving Frisco strongly encourage or require mediation before a final trial in a custody dispute. Mediation gives parents a structured setting to discuss parenting plans with the help of a neutral mediator. If an agreement is reached, it can be turned into a binding order, which may save time, costs, and stress compared to a contested hearing.

What Happens If the Other Parent Will Not Follow the Custody Order?

If the other parent is not following a court-ordered schedule, you can document each missed visitation, late exchange, or refusal to communicate. With this information, you may decide to seek enforcement of the order through the court that issued it. The judge can review the pattern of noncompliance and decide what steps are appropriate to address the situation.

Contact us today to schedule a consultation with our Frisco child custody lawyers.