Arlington, TX Child Custody Attorneys

Child Custody Lawyers Helping You Protect Your Parenting Rights and Time With Your Children in Arlington, Texas

Texas does not use the word "custody" in its family law statutes. Instead, the law refers to conservatorship, which covers parental rights and decision-making, and possession, which covers when each parent has time with the child. Orders of conservatorship can shape family life for years, which means parents need to come to court prepared.

Talking with an experienced Arlington child custody attorney before the first hearing gives you time to prepare. Attorney Lauren Powell of Powell Law Offices, P.C. has more than 20 years of experience representing parents, and the firm brings more than 50 years of combined legal experience to family law.

What Is the Difference Between Conservatorship and Possession in Texas?

Conservatorship is about decision-making. If you're named sole managing conservator, you hold a list of exclusive rights. Those include the right to decide where your child lives, to consent to major medical and psychiatric care, to make school decisions, and to receive child support.

Joint managing conservators share many of those rights. In many cases, one parent has the exclusive right to decide where the child lives. However, parents may also agree that the child must live within a set geographic area without giving either parent that exclusive right.

Texas law presumes that naming both parents joint managing conservators is best for the child. However, that does not mean equal time. You and your co-parent can share decisions while one of you has your child most school nights. Our child custody attorneys can tell you what each label would mean for your actual week.

How Does an Arlington Judge Decide What Is Best for Your Child?

Within the first few weeks of a custody case, the court may enter temporary orders setting where your child lives and when each parent has time. Those orders can remain in place for months. It helps to gather records early, including school information, medical records, and a calendar showing who handles daily care.

The best interest of the child always comes first. If you do not agree on a parenting plan, Texas law tells the judge to weigh a set list of factors before ordering joint managing conservatorship:

• Whether joint conservatorship would benefit your child's needs and development
• Whether you and the other parent can put your child first and make decisions together
• Whether you will support your child's relationship with the other parent
• Whether you and the other parent were both involved in raising your child before the case was filed
• How close you and the other parent live to each other
• What your child wants if they are 12 or older
• Any other factor the court considers relevant

A judge may speak privately with your child in chambers if they are 12 or older to hear their preference. Your child can share what they want, but they do not make the final decision.

If a grandparent, relative, or other non-parent wants conservatorship, they must meet a high legal standard. They must show by clear and convincing evidence that staying with a parent would seriously harm the child's physical health or emotional development.

Tarrant County also offers Family Court Services through its Domestic Relations Office. These services include mediation, parenting classes, and court-ordered custody evaluations. Our family law attorneys can help you prepare for these meetings and evaluations.

What Does a Standard Possession Order Require in Tarrant County?

For a child age three or older, Texas generally presumes the standard possession order is in a child's best interest. If you and the other parent live 100 miles or less apart, the parent with less time usually gets the first, third, and fifth weekends of each month, Thursday evenings during the school year, alternating holidays, and 30 days in the summer. If you live more than 100 miles apart, the weekend schedule changes and summer time can increase to 42 days. If you live within 50 miles of each other, weekends usually begin when school lets out and end when school starts again.

If your child is under three, there is no default schedule. The judge looks at who has been caring for your child, your child's needs, and your child's relationship with each parent. The order may later shift to the standard schedule when your child turns three.

You also cannot lose parenting time just because you are behind on child support. Texas treats child support and possession as separate issues.

How Do Family Violence Allegations Impact a Custody Case in Texas?

A judge may not name you and the other parent joint managing conservators if there is credible evidence of a history or pattern of child neglect or physical or sexual abuse. There is also a presumption against unsupervised visits if there is credible evidence that someone in the home committed abuse, neglect, or family violence.

If the court still allows access to the child, it may order supervised visits, exchanges in a safe setting, sobriety rules, or a batterer intervention program. Tarrant County also offers supervised visitation services through the Family Law Center. If you need protection, a protective order and custody relief may be handled at the same time.

Contact Our Arlington, TX Child Custody Lawyers

At Powell Law Offices, P.C., we help you protect your parenting rights, your time with your child, and your say in the decisions that matter. Contact our Arlington, Texas child custody attorneys at 972-584-9382 to schedule your free consultation today.