Child Custody Attorneys — Dallas–Fort Worth

Child Custody & Conservatorship in Dallas & Fort Worth

When children are involved, every decision matters. At Neave Law PLLC, we help parents protect their relationship with their children and build stable, workable arrangements that serve their family's real needs — now and in the future.

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Child Custody in Texas — What You Need to Know

Texas does not use the term "custody" in the way most people expect. Instead, Texas family law uses "conservatorship" to describe the legal rights and responsibilities parents have over their children — and "possession and access" to describe the time each parent spends with the child.

In every custody matter, Texas courts focus on one standard above all others: the best interest of the child. Our team helps parents present their strongest case and design arrangements that protect their children's emotional well-being, stability, and future.

"Custody decisions shape your child's life for years to come. We help parents navigate this process with clarity, strategy, and their children's best interests at the center of every decision."

— NEAVE LAW PLLC

Types of Conservatorship in Texas

Texas law recognizes two main types of conservatorship. Understanding the difference is essential to building a custody arrangement that works for your family.

Joint Managing Conservatorship

Both parents share rights & responsibilities

Joint managing conservatorship is the most common outcome in Texas. Both parents share the rights and duties of raising their child — including decisions about education, healthcare, and extracurricular activities.

Joint conservatorship does not necessarily mean equal time. One parent is typically designated as the primary conservator with the right to determine the child's primary residence, while both share decision-making.

Sole Managing Conservatorship

One parent holds primary decision-making authority

Sole managing conservatorship gives one parent the exclusive right to make major decisions about the child's life. Texas courts typically award this when joint conservatorship would not serve the child's best interests — for example, in cases involving family violence, substance abuse, or a history of conflict.

The other parent may still have possession and access (visitation) rights depending on the circumstances.

Possession & Access — Parenting Time in Texas

"Possession and access" is how Texas describes parenting time — when each parent has the right to be with their child. Courts typically use a Standard Possession Order (SPO) as the baseline schedule, but arrangements can be customized to fit your family's real life.

What Is the Standard Possession Order in Texas?

The Texas Standard Possession Order (SPO) is the default parenting schedule used by most courts. For the non-primary parent, it typically includes:

First, third, and fifth weekends of each month
Thursday evenings during the school year
Alternating holidays including Thanksgiving, Christmas, and Spring Break
Extended summer possession — typically 30 days

Note: The SPO can be modified by agreement or court order based on the child's needs, parents' work schedules, and other factors.

We work with parents to design parenting plans and possession schedules tailored to their child's school calendar, extracurricular activities, work schedules, and family circumstances — not just a one-size-fits-all template.

Geographic Restrictions & Relocation in Texas

Most Texas custody orders include a geographic restriction limiting where the primary conservator can establish the child's primary residence — typically to a specific county or contiguous counties. This protects the non-primary parent's access to the child and maintains stability.

Geographic Restrictions

A geographic restriction confines the child's primary residence to a defined area. If a parent wants to move outside that area with the child, they must either obtain the other parent's written agreement or seek court approval — which requires showing the move serves the child's best interest.

Relocation Cases

Relocation disputes are among the most complex custody matters in Texas. Whether you are the parent seeking to relocate or the parent opposing a move, the outcome can significantly affect your relationship with your child. Our team handles relocation cases with the urgency and strategy they require.

International Custody Issues

International custody matters require specialized knowledge of both Texas family law and international legal frameworks. These cases arise when one parent wishes to relocate abroad, when a child has been taken to another country without consent, or when parents live in different countries.

International Parental Child Abduction — The Hague Convention

When a child is wrongfully removed from their home country or retained abroad, the Hague Convention on International Child Abduction may provide a legal path to securing the child's return. These cases are time-sensitive and require prompt legal action. If you are facing an international custody emergency, contact our team immediately.

Modifying a Custody Order in Texas

Life changes — and when it does, existing custody orders may no longer serve your child's best interests. Texas law allows either parent to seek a modification of a custody or possession order when there has been a material and substantial change in circumstances since the original order was entered.

Common reasons parents seek custody modifications include:

A parent's relocation or job change
Changes in the child's school or medical needs
A parent's remarriage or new living situation
Evidence of neglect, abuse, or endangerment

A child's expressed preference (age 12 or older)
Substance abuse or mental health concerns
Violation of existing court orders
Significant change in either parent's circumstances

Modifications require court approval — and the standard is always the child's best interest. Our team helps parents build a strong case for modification and navigate the process efficiently.

How Texas Courts Determine the Best Interest of the Child

Texas courts evaluate a range of factors when determining what custody arrangement best serves the child. Understanding these factors helps our clients prepare a compelling case:

The child's physical and emotional needs
Each parent's ability to meet those needs
The stability of each parent's home environment
The child's relationship with each parent
Any history of family violence or abuse

Each parent's willingness to support the child's relationship with the other parent
The child's adjustment to home, school, and community
The child's preferences (if age 12 or older)
Geographic proximity of the parents' homes
Any plans for relocation by either parent

Frequently Asked Questions

What is the difference between conservatorship and custody in Texas?

Texas uses "conservatorship" instead of "custody." Conservatorship refers to the legal rights and duties parents have regarding their child — including decision-making about education, healthcare, and religious upbringing. "Possession and access" refers to the physical time each parent spends with the child.

Does joint conservatorship mean equal time with the child?

Not necessarily. Joint managing conservatorship means both parents share rights and responsibilities — but it does not require equal possession time. One parent is typically designated as the primary conservator with the right to determine the child's primary residence, while the other follows a possession schedule.

At what age can a child choose which parent to live with in Texas?

In Texas, a child who is 12 or older may express a preference to the court regarding which parent they wish to live with. However, this preference is one factor among many — the judge is not required to follow it if it conflicts with the child's best interest.

Can I move out of Texas with my child after divorce?

If your custody order includes a geographic restriction — which most do — you cannot relocate outside the designated area with your child without the other parent's written agreement or a court order. Violating a geographic restriction can have serious legal consequences.

What if the other parent is not following the custody order?

If the other parent is denying your possession time or violating the custody order, you can file an enforcement action with the court. Remedies can include make-up possession time, attorney's fees, and contempt of court. Contact our team right away — we can help you act quickly.

How do I modify an existing custody order in Texas?

To modify a custody order, you must show the court that there has been a material and substantial change in circumstances since the original order was signed — and that the modification serves the child's best interest. Our team helps clients build that case efficiently.

Do unmarried parents have the same custody rights in Texas?

Unmarried parents can have the same rights as married parents — but paternity must first be legally established. Once paternity is confirmed, either parent can seek conservatorship and possession rights through a SAPCR (Suit Affecting the Parent-Child Relationship).