Child Custody Attorneys in Fort Worth

Understanding Child Custody in Texas

Texas doesn’t use the term “custody” in the same way many other states do. Instead, courts use a conservatorship framework. Conservatorship defines parental rights and duties, while possession and access determine when each parent spends time with the child.

A conservatorship order may determine:

• Who has the right to make decisions for the child
• Who may designate where the child primarily lives
• How parenting time is divided
• How specific parental rights and duties are allocated

Texas courts apply the best-interest-of-the-child standard. Although the law may favor continuing relationships with both parents when appropriate, the court must evaluate the circumstances affecting the individual child rather than automatically select one arrangement.

Joint vs. Sole Managing Conservatorship

In a joint managing conservatorship, parents share specified rights and duties related to raising the child. Joint managing conservatorship doesn’t necessarily mean equal possession time. One parent may still receive the exclusive right to designate the child’s primary residence, sometimes within a defined geographic area.

In a sole managing conservatorship, one parent holds greater decision-making authority. This arrangement may be appropriate when shared authority wouldn’t serve the child’s best interests, including cases involving family violence, neglect, or other serious safety concerns.

Standard Possession Orders in Texas

In many Fort Worth custody cases, courts use a Standard Possession Order to establish parenting time. Under the Texas Family Code, there is a rebuttable presumption that this schedule provides reasonable minimum possession and is in the child’s best interest, but the circumstances may support a different arrangement.

A Standard Possession Order may include:

• Weekend possession for the parent who doesn’t determine the child’s primary residence
• Alternating or divided holiday periods
• Extended periods during the summer
• Midweek periods based on the applicable schedule

A different possession schedule may be considered based on:

• The parents’ work schedules and distance between households
• The child’s age, school calendar, and individual needs
• Safety concerns or other circumstances affecting the child

For a child younger than three, the court considers age-specific factors such as caregiving history, developmental needs, and continuity of routine. A schedule should be reviewed carefully before it becomes part of an enforceable order.

How Texas Courts Decide Child Custody

Family courts decide conservatorship and possession issues according to the child’s best interests. A parent’s gender doesn’t determine the outcome.

Judges may consider:

• The emotional and physical needs of the child
• Each parent’s ability to provide stability and appropriate care
• The child’s relationship with each parent
• Evidence of family violence, neglect, or substance abuse
• The child’s school and community connections
• Each parent’s conduct concerning communication and co-parenting

No single factor controls the outcome. Courts weigh the full circumstances of each case, and the evidence needed depends on the issues in dispute.

What Happens in a Fort Worth Custody Case?

The process depends on whether a parent needs an initial order, temporary relief, enforcement, modification, or a contested final determination. An initial case involving conservatorship may proceed as a suit affecting the parent-child relationship, commonly called a SAPCR.

A custody case may involve:

• Filing a petition and formally notifying the other party
• Requesting temporary orders when immediate rules are needed
• Exchanging information and gathering relevant evidence
• Negotiating proposed conservatorship and possession terms
• Preparing for a final hearing or trial if disputes remain
• Obtaining a court order that states each parent’s rights and duties

Evidence may include prior orders, parent communications, school or medical records, caregiving information, and documentation related to safety or stability. We prepare parents to evaluate proposed terms and can represent them in contested proceedings when an agreement isn’t possible.

Protect Your Parental Rights with a Clear Strategy

If you’re facing an active custody dispute, reviewing a proposed order, or dealing with an existing order, we can explain how Texas law applies and build a strategy around the parental rights and parenting arrangements at issue.

Since 1973, we’ve represented Texas families in negotiations and contested proceedings. This page provides general information; advice about your rights depends on your family’s circumstances. Free in-person and virtual consultations are available.