Child Custody & Visitation Lawyer in Houston, TX
Child custody or “conservatorship” is a complex part of Texas family law. At the outset of divorce, many parents can agree on where the children will live and what type of visitation they will follow. When parents cannot agree, the courts act in the children’s best interest. In the latter case, you must hire a Houston child custody lawyer experienced in litigating complex child custody cases.
Who will get custody of the children once I file for divorce?
In a divorce, neither parent has an automatic or superior right to designate the children’s primary residence. Until a hearing can be held, each parent has an equal right to be with the children but should refrain from upsetting the children’s daily routine. A temporary restraining order (TRO) is usually issued automatically by the court when a divorce petition is filed forbidding both parents from removing the children from school or hiding them from the other parent. A temporary restraining order does not typically award parent-child custody unless allegations of abuse or neglect are present. For most parents fighting over child custody, a temporary orders hearing will be their first introduction to the judge. At that hearing, a judge will hear testimony and look at evidence to determine where the children will live temporarily until the case is resolved.
How does child custody work in Texas?
In Texas, custody is referred to as conservatorship. Conservatorship describes a parent’s legal rights, duties, and responsibilities regarding their children. Historically, one parent was named a Sole Managing Conservator and the other a Possessory Conservator. The Sole Managing Conservator (SMC) had the exclusive right to make all major decisions regarding the children. The Possessory Conservator had visitation rights only. As of September 1, 1995, the legal presumption in Texas is that the parents should be named Joint Managing Conservators (JMC). The effect of this presumption is that the rights and duties of parents are to be shared. Plainly stated, if there are no credible allegations of abuse, neglect, or drug use, parents will be considered “fit” under the law and named Joint Managing Conservators.
What rights do I have as a Joint Managing Conservator of my child?
Chapter 153 of the Texas Family Code sets out the rights of parents and how they are to be allocated. The most commonly litigated rights are:
- To determine where the children live;
- To make invasive medical decisions;
- To make psychological and psychiatric decisions;
- To make educational decisions; and
- To receive child support
The rights mentioned above can be:
- Joint (parents must agree before making decisions);
- independent (each parent can make decisions on their own); or
- Exclusive (one parent has the sole right to decision-making)
Can parents share physical custody of children in Texas?
Yes. The Texas Family Code does allow parents to agree that a geographical area will be the “primary residence” of the children. In short, neither parent has the exclusive right to say where the children live so long as they reside within a specified area, usually a school district. This may be accomplished by agreement only, normally done in mediation, as the law does not give the courts authority to make such an order independently. Shared custody can be tricky to make work logistically and should be explained to you in detail by a Houston child custody lawyer.
What is “standard” visitation?
When parents divorce or separate, one of the most important questions is: how will the kids spend their time with each parent? Texas courts encourage parents to create a schedule that fits their children’s lives. This might mean adjusting around school, sports, or even a parent’s work schedule.
Even when parents are cooperative, the law requires the final divorce decree or custody order to include a written visitation schedule. That schedule acts as a backup plan, so if parents can’t agree later, everyone knows exactly what to expect.
Creating Your Own Schedule
- Best when possible: Parents who agree on a custom plan can make it as flexible as needed.
- Why it matters: A child’s routine, age, and activities can all be factored in.
- Court’s role: If both parents sign off, judges usually approve the agreement.
The Standard Possession Order
If parents can’t agree, judges fall back on the “Standard Possession Order.”
- For parents within 100 miles of each other:
- 1st, 3rd, and 5th weekends of each month
- From 6:00 p.m. Friday (or after school) until 6:00 p.m. Sunday (or Monday morning when school starts)
- One weeknight visit each week (either 6–8 p.m. or overnight, depending on the order)
- Alternating Thanksgiving and Spring Break holidays
- One week at Christmas
- 30 days in the summer
- For parents more than 100 miles apart:
- Fewer weekend and weekday visits
- Every Spring Break
- Six weeks during summer (instead of 30 days)
When Restrictions Come Into Play
Not every situation is safe for unrestricted visitation. For example:
- A parent may worry because the children are infants or toddlers.
- One parent may not trust the other’s ability to provide proper care.
While the law assumes the Standard Possession Order is in a child’s best interest, the court can limit access if necessary. Restrictions can include:
- No overnight visits
- Step-up schedules, where visits increase gradually over time
- Supervised visits, used in serious cases
Important note: Judges only impose restrictions if they’re convinced the limits are necessary for the child’s safety or emotional well-being.
What This Means for Parents of Young Children
For children under three, it’s common for courts to limit overnights or long summer stays. Instead, the noncustodial parent may receive shorter, more frequent visits until the child is older.
Talk to a Houston Custody Lawyer
Every family is different. If you’re unsure what schedule is best – or worried restrictions may apply – it helps to speak with someone who has guided parents through this process before.
Call us today at 713-781-7775 for a FREE consultation with a Houston child custody lawyer and get answers specific to your situation.