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Child Custody

Putting Children First: Understanding Child Custody in Texas

When families go through transitions, ensuring the well-being of children is the most important priority. In Texas, child custody decisions are always guided by one key principle: the best interests of the child.

How Texas Courts Determine Custody

Texas courts use the term "conservatorship" rather than "custody." Whether parents are seeking primary custody, joint conservatorship, or modifications to an existing order, judges carefully weigh factors such as:

The child’s emotional and physical needs

Each parent’s ability to provide a stable, loving environment

The child’s relationship with both parents

The stability of each parent’s home

Any history of family violence or neglect

The goal is always to support a safe, nurturing, and consistent arrangement that benefits the child’s long-term well-being.

Division of Property and Assets

Texas follows community property laws, meaning assets acquired during the marriage are considered jointly owned. However, the division is based on what the court deems "just and right," which may not always be a 50/50 split. Factors influencing this decision include:

Each spouse's earning capacity
The needs of any children involved
The health and age of both parties
Any disparities in separate property ownership

Proper documentation and valuation of assets are essential to ensure a fair division.

Types of Custody in Texas

Joint Managing Conservatorship (JMC): This is the most common arrangement, where both parents share decision-making rights and responsibilities, even if the child primarily lives with one parent.

Sole Managing Conservatorship (SMC): One parent is granted primary decision-making authority, often due to special circumstances involving the other parent.

Possession and Access: Refers to the physical schedule of when the child spends time with each parent, which can vary widely depending on the family's needs.

Our Commitment to Your Family

Navigating custody matters is emotionally challenging, but you don’t have to face it alone. Our firm is committed to advocating for custody arrangements that prioritize your child’s emotional security and future stability.

Whether you’re seeking to establish custody, modify an existing order, or resolve a dispute, we’re here to provide compassionate, experienced representation every step of the way.