Texas Child Custody Lawyers
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How does the court decide who gets custody of the children?
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Conservatorship Attorneys Serving Ellis, Johnson, Tarrant, and Dallas Counties
Few things weigh heavier than losing time or decision-making power over your child. In Texas, what most people call custody is legally conservatorship, which decides who makes major decisions and where the child lives. It works alongside possession and access, the schedule for each parent’s time. At McCarty-Larson, PLLC, our Texas child custody lawyers represent parents across Ellis, Johnson, Tarrant, and Dallas Counties.
When you choose McCarty-Larson, you’re choosing a legal team that will stand by you every step of the way.
Understanding Child Custody (Conservatorship) in Texas
Texas does not use “legal custody” or “physical custody.” The Family Code asks two questions: who is the conservator with the right to make major decisions, and what does possession and access look like. A conservator decides the child’s education, medical and psychological care, religious upbringing, and home. Courts assign these rights in three roles.
Joint Managing Conservatorship
The presumed arrangement under Family Code §153.131. Both parents share the major rights and duties of raising the child. That does not mean equal time or full agreement, only that both keep a say in the decisions that matter most, with one parent designated to set the child’s primary residence.
Sole Managing Conservatorship (Sole Custody)
One parent holds the exclusive right to make major decisions. Courts do not award it lightly. Under §153.131 they presume joint conservatorship serves the child’s best interest and move away only on strong evidence, often family violence, substance abuse, or absence from the child’s life.
Possessory Conservatorship
The role of the parent who is not the managing conservator. A possessory conservator keeps court-ordered time with the child and the right to information, but holds no major decision-making rights. It usually pairs with sole managing conservatorship.
The Best Interest Standard in Texas Custody Cases
Every conservatorship decision turns on the best interest of the child, and there is no automatic checklist. Courts weigh the factors from the Texas Supreme Court’s Holley v. Adams: the child’s emotional and physical needs, each parent’s home stability and ability to meet those needs, the plans each parent has, and any acts or omissions suggesting the parent-child relationship is not a proper one. An older child’s preferences count too. The parent who brings clear, documented evidence tied to these factors is the one the court is best equipped to hear.
When Parents Disagree on Conservatorship
Texas courts almost always require mediation before trial, and many cases settle there. If mediation fails, the court may order a custody evaluation by a psychologist or social worker whose report carries real weight. If the case still does not resolve, a judge decides at a final hearing.
Emergency and Temporary Custody Orders in Texas
When a child’s safety or living situation cannot wait for the full process, Texas law allows emergency and temporary custody orders. Under Family Code §105.001, a court can enter temporary orders for the safety and welfare of the child while a case is pending, including temporary conservatorship, temporary support, and orders keeping one parent from removing the child from the area or disturbing the child’s peace. A temporary restraining order can be granted quickly, sometimes without advance notice, to prevent immediate harm or a child being taken. A temporary orders hearing, usually held within days or weeks, then sets who the child lives with and how decisions are made until the final ruling. Because these early orders often shape the final outcome, acting fast matters. Our Texas child custody lawyers prepare and file for emergency temporary orders and represent parents at temporary orders hearings across Ellis, Johnson, Tarrant, and Dallas Counties.
Why the Right Texas Child Custody Lawyers Matter
Custody decisions made early tend to stick. Temporary orders entered in the first weeks often set the pattern for the final hearing, from who sets the child’s primary residence to how decision-making is divided. The parent who walks into that first hearing prepared has a real advantage.
What Our Texas Child Custody Lawyers Do
Our Texas child custody lawyers prepare clients for temporary orders hearings, build evidence around the Holley factors, handle mediation and evaluations, and litigate when a fair agreement is not possible. Bria Larson leads the firm’s family law work across Ellis, Johnson, Tarrant, and Dallas Counties.
Custody Mistakes That Hurt Texas Parents
Custody cases are won and lost on decisions made early. These are the mistakes we see hurt good parents most often.
Making Unilateral Decisions
Changing schools, starting medical treatment, or moving the child without notice tells the court you will not respect the other parent’s rights, exactly what it weighs when deciding who holds key decision-making authority.
Moving Without Following the Order
Texas orders often restrict how far the primary parent can move. Violating that restriction is one of the fastest ways to lose primary conservatorship.
Disparaging the Other Parent
Most custody orders bar disparaging the other parent in front of the child. Breaking that clause is a red flag that often surfaces in the custody evaluation.
Failing to Document What Matters
Custody cases turn on evidence. School and medical records, communication logs, and receipts show who is doing the work of raising the child. Without them, the court is left with memory and testimony.
Child Custody Lawyers by County
Ellis County Child Custody Lawyers
Johnson County Child Custody Lawyers
Tarrant County Child Custody Lawyers
Frequently Asked Questions About Texas Child Custody
Custody and child support are separate issues Texas courts usually handle together. Custody, legally called conservatorship, decides who makes major decisions and where the child lives. Child support is the money paid for the child’s needs, set by Texas Family Code guidelines based on income and the number of children. The parent with the exclusive right to designate the child’s primary residence is typically the one who receives support.
Yes. A Texas court can modify a conservatorship order when there is a material and substantial change in circumstances and the change serves the child’s best interest. Common reasons include a parent’s move, safety concerns, or a child 12 or older stating a preference. Under Texas Family Code §156.102, modifying who designates the child’s primary residence within the first year requires a supporting affidavit, so timing matters as much as the reason.
Joint managing conservatorship, the Texas default under Family Code §153.131, means both parents share the major decision-making rights for the child. Sole managing conservatorship gives those rights to one parent. To win sole, a parent must overcome the presumption of joint, usually by showing family violence, substance abuse, or a pattern of decisions that harmed the child. Even under joint, one parent is typically designated to set the child’s primary residence.
Texas Family Code §153.004 requires courts to weigh a history of family violence, abuse, or neglect when deciding conservatorship. Evidence of family violence in the two years before filing can defeat the presumption of joint managing conservatorship, letting the court name the other parent sole managing conservator. Where time with the child must be limited, the court can order supervised or restricted possession and access.
Contact a Texas Child Custody Lawyer at McCarty-Larson, PLLC
In a Texas custody case, the temporary orders entered early often set the pattern for the final ruling, from decision-making rights to primary residence to child support. What gets ordered at the first hearing tends to carry through to the end. The parent who walks in with strong evidence and a clear plan has the advantage.
Family Law Across North Texas
Bria Larson and the family law team at McCarty-Larson, PLLC handle child custody cases across Ellis, Johnson, Tarrant, and Dallas Counties. We prepare clients for temporary orders hearings, build cases around the Holley factors Texas courts weigh, and represent parents through mediation, evaluations, and trial when those are needed.
Schedule a Free Consultation
Call 972-775-2100 or reach out online for a free, confidential consultation. The earlier you have a lawyer at the table, the more leverage you have when those first orders get written.
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Ellis County including the cities of Ennis, Waxahachie, Midlothian, Red Oak, Ferris, Palmer, Italy, Milford, Maypearl, Garrett, Pecan Hill, Alma, Oak Leaf, and Bardwell.
Johnson County including the cities of Cleburne, Burleson, Joshua, Keene, Alvarado, Godley, Grandview, Venus, Rio Vista, Briaroaks, Cross Timber, Coyote Flats, and Joshua.
Tarrant County including the cities of Fort Worth, Arlington, Grand Prairie, Mansfield, Euless, North Richland Hills, Bedford, Grapevine, Haltom City, Keller, Hurst, Southlake, Colleyville, Saginaw, Watauga, White Settlement, Azle, Forest Hill, Lake Worth, Richland Hills, River Oaks, Sansom Park, Westworth Village, Benbrook, Crowley, Blue Mound, Edgecliff Village, Everman, Pantego, Dalworthington Gardens, and Kennedale.
Dallas County including the cities of Dallas, Garland, Irving, Grand Prairie, Mesquite, Carrollton, Richardson, Rowlett, DeSoto, Duncanville, Cedar Hill, Lancaster, Farmers Branch, Balch Springs, Coppell, Seagoville, Glenn Heights, Sachse, Wilmer, Hutchins, Addison, Sunnyvale, Cockrell Hill, Highland Park, and University Park.
