Board Certified® Fort Worth & Southlake
Fort Worth Child Custody Attorneys
100+ years of combined experience including four Board Certified attorneys.
- Complex, high-asset divorce and property division
- Business owner divorce and valuation disputes
- Contested custody and conservatorship
- Trial-ready representation in Tarrant County courts
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Why Do You Need a Child Custody Lawyer?
In Texas, custody is called conservatorship, and courts decide it based on the best interest of the child. Parents who agree can submit a parenting plan for the court’s approval; when they don’t, a judge decides custody, possession, and decision-making rights. The Fort Worth child custody attorneys at Mims Ballew Hollingsworth handle conservatorship, possession and access, modifications, relocation, and high-conflict cases in the Tarrant County family courts, representing parents from our Fort Worth and Southlake offices.
Bringing a child into the world is one of life’s greatest joys but raising a child is challenging, especially when the parents cannot put the child first. Relationships do not always work out, and while you move on, the child still needs both parents present and involved. Divorce and separation are complicated, and the child should not suffer or be a pawn. There are many reasons you will need a child custody attorney, as there are many concerns regarding the child’s upbringing. Working with a child custody lawyer in Fort Worth who knows the local courts helps you protect both your time with your child and your right to make decisions for them. At MBH, you get more than one attorney’s perspective: our lawyers collaborate on cases and share more than 100 years of combined experience. That is what we mean by a united front.
At a Glance
At Mims Ballew Hollingsworth, we represent parents in Fort Worth, Southlake, and across Tarrant County in complex child custody matters backed by more than 100 years of combined family law experience. Four of our attorneys are Board Certified® in Family Law by the Texas Board of Legal Specialization, a credential held by fewer than 5% of Texas attorneys.
We handle all aspects of custody disputes, including primary custody, sole and joint managing conservatorship, parenting plans, visitation, modifications, relocation, emergency custody orders, and cases involving safety concerns or high-conflict co-parenting. Our approach is focused on developing practical, child-centered solutions that align with Texas courts’ “best interests of the child” standard.
Recognized by Martindale-Hubbell (AV Preeminent), Super Lawyers, and Fort Worth Magazine’s Top Attorneys, we combine strategic advocacy with a steady, solutions-oriented approach to protect your child and your parental rights.
Please call: 817-900-8330.
Joint vs. Sole Custody: How Conservatorship Works in Texas
In Texas, what most people call “custody” the law calls conservatorship. There are three main forms:
- Joint Managing Conservatorship (JMC): Both parents share the rights and duties to make decisions for the child. Texas courts presume JMC is in the child’s best interest in most cases. Even in a JMC, the court typically designates one parent with the exclusive right to determine the child’s primary residence. Learn more about parental rights and decision-making in Texas.
- Sole Managing Conservatorship (SMC): One parent holds the primary decision-making rights — often where there are concerns such as family violence, neglect, or absence. Our guide on how to get sole custody in Texas walks through the process in more detail.
- Possessory Conservatorship: A parent with the right to possession and access (visitation) but not primary decision-making authority.
Conservatorship (decision-making) is separate from possession and access (the parenting-time schedule). The JMC presumption is set by Tex. Fam. Code § 153.131. That presumption does not hold when there is credible evidence of a history or pattern of family violence, child neglect, or abuse. Under Tex. Fam. Code § 153.004, a court may not appoint joint managing conservators in that situation. For parents seeking sole custody in Fort Worth, building that evidentiary record is often the most important part of the case.
How Tarrant County Courts Decide The Best Interest of the Child
Every custody decision in Texas turns on one question: what is in the child’s best interest? It is the primary consideration under Tex. Fam. Code § 153.002, and Tarrant County family courts apply it whether parents settle or go to trial. The lawyers representing each parent will work to reach a plan for the parents. The process is more straightforward when both parties can agree on some or most topics. When the court sees collaboration, the judge will often approve the parenting plan and make it official after they review it.
If there are some issues that both parties cannot agree on, the judge will review each side’s arguments and determine what is in the child’s best interest. Sometimes what is in the child’s best interest is different from what either parent wants; other times, it is somewhere in the middle. The court will review the following factors when deciding on custody matters:
A parenting plan aims to have an effective and healthy co-parenting arrangement. The court wants both parents involved in the upbringing of the child, whether they are together or not. Amicable co-parenting also enhances the relationship that the parent has with the child. If the parents constantly fight, the child may feel they need to choose sides or that they are the problem. Even if you are having difficulties co-parenting, your child should not suffer.
What Is Primary Custody in Texas?
The child’s primary residence determines a slew of other issues, and both parents will want to have primary custody. In Texas, the parent with primary custody is the conservator with the exclusive right to designate the child’s primary residence, and the order often limits that residence to a set geographic area, such as Tarrant County and contiguous counties. Parents will argue tooth and nail to receive the designation of primary custody because this is where the child will spend most of their time. Primary custody determines where the child spends school nights, where they have a room, and who makes decisions on food, emotional support, and more.
Joint legal custody generally means both parents share decision-making rights, although the court can divide specific rights, such as medical or educational decisions, between them, and joint physical custody means that the parents will share substantial parenting time with the child. Joint physical custody does not always result in a 50/50 split, but it does consider the needs of both parents and the child. A custody order can be modified if there is a material and substantial change in circumstance for either parent or if the parent with primary custody has voluntarily given up the child’s primary care for at least six months. Modifications are common as the child grows.
Child Custody Cases We Handle in Fort Worth
Our Fort Worth child custody lawyers represent parents in original custody cases, divorces involving children, and post-judgment disputes, including:
- Interstate custody
- Child relocation
- Visitation and access
- Special-needs custody
- Termination of parental rights
- Sole custody
- Parental rights
- Grandparents’ rights
- Modifications to an existing agreement
- Emergency and temporary custody orders
- Fathers’ custody rights
- Enforcement of custody orders
Do Fathers Have Equal Custody Rights in Texas?
Yes. Texas law does not favor mothers or fathers. Under Tex. Fam. Code § 153.003, a court may not consider a parent’s sex or marital status when deciding conservatorship or possession. Judges look at each parent’s involvement, stability, and ability to meet the child’s needs.
For unmarried fathers, there is an extra step: paternity must be legally established before a court can order custody or visitation. Once it is, a father has the same right to seek conservatorship as a mother. Learn more about fathers’ rights in Texas and custody laws for unmarried parents.
Whether you are a father seeking a larger role in your child’s life or a mother responding to a custody petition, our attorneys build the case around the facts a Tarrant County judge will actually weigh.
Child Custody Issues to Resolve
There are many concerns you must address in a parenting plan, and you need an experienced child custody lawyer to help you. The primary issue is where the child will live most of the time. That is the most contentious topic because that will determine how many other matters will proceed. A child will likely spend most of their time in one home for schooling. Depending on where the parents live, they can split the time between homes if they are near the school.
After a split, some parents will need to move for better opportunities, and the question arises if moving is in the child’s best interest. As children grow, they will acquire various possessions, and while parents will need to buy essentials for either home, there are some possessions they will need to transport back and forth. Other topics you must address are:
- Abuse and safety
- Traveling
- Changes to an existing custody order
- Child support
- Religion
- Diet
- Routines
You must make many decisions as your child grows, and both parents must work together to reach conclusions that are in the child’s best interest. Parental rights and decision-making are vital concerns to address with your lawyer.
Establishing a Parenting Plan
A parenting plan is unique to the child and parents. There is no one-size-fits-all solution because kids have different interests and needs. Suppose the child is involved in various activities, a parenting plan can outline who must pick up and drop off the child. If your child has special needs, whether a disability, allergy, or routine, you can also address that with a parenting plan. The plan can be as detailed or vague as you need for your child. Our Texas parenting plan checklist covers the terms most plans should include.
Parents will sometimes agree on topics but would like to have it in writing. In other cases, parents do not agree, and they need to come to an agreement and ensure it is in the parenting plan. Parents must make sacrifices and compromises to ensure their child gets the necessary care. Child custody attorneys can help you reach a resolution and create a parenting plan that is not cookie-cutter but solely benefits the child.
Texas courts typically follow the Standard Possession Order outlined in Texas Family Code §§ 153.311–153.317. When parents live within 50 miles of each other, Texas law now defaults to an expanded version of that schedule, which adds time around weekend and weekday exchanges.
See our 2026 Texas custody calendar for standard possession dates.
Emergency and Temporary Custody Orders in Tarrant County
Custody cases can take months to resolve, so Texas courts can issue temporary orders under Tex. Fam. Code § 105.001 that set conservatorship, possession, and child support while the case is pending. Temporary orders often shape the final result, because the arrangement your child lives under during the case becomes the status quo the court reviews later.
When a child faces immediate danger, a parent can ask the court for emergency relief. That can include a temporary restraining order, an ex parte order issued before the other parent is heard, or a protective order. These requests require sworn evidence of the danger, and the court sets a prompt hearing where both parents can be heard.
If you believe your child is unsafe, contact our Fort Worth office right away so we can evaluate whether emergency orders are available in your situation.
Modifying a Custody Order in Tarrant County
Custody orders are not permanent. Under Tex. Fam. Code § 156.101, a Texas court can modify conservatorship or possession when the change is in the child’s best interest and one of the following applies:
- The circumstances of the child or a parent have materially and substantially changed since the last order
- A child 12 or older has told the judge in chambers which parent they want to have the right to designate their primary residence
- The parent with that right has voluntarily given up the child’s primary care to another person for at least six months
Common triggers include a relocation, a new work schedule, safety concerns, or an older child’s changing needs. We handle modifications in Tarrant County courts for parents on either side of the request, and we also handle enforcement actions when a parent ignores an existing order. For a deeper look at what qualifies, read our guide to grounds for modifying custody in Texas.
Mediation, Collaborative Law, or Trial: How Custody Cases Resolve
Most Fort Worth custody cases resolve without a full trial, but how they resolve matters:
- Mediation: A neutral mediator helps parents negotiate a parenting plan. Texas family courts, including those in Tarrant County, commonly order mediation before a contested final trial. Learn more about our family law mediation services.
- Collaborative law: Both parents and their attorneys commit to resolving the case outside court. It works best when parents can communicate and want to keep decisions private. See our collaborative law practice.
- Litigation: When the other parent won’t negotiate in good faith, or a child’s safety is at stake, the case goes before a judge. In high-conflict cases, the court may also appoint a parenting coordinator or an amicus attorney. A trial-ready team also gives you leverage at the negotiating table.
Our attorneys bring experience from every side of that process. Matt Riek presided over family law matters as a former Associate Judge of the 360th District Court in Fort Worth, Constance Mims is Collaborative Law certified, and Bryan Ballew is a certified mediator. That range lets us recommend the path that fits your family, not the one that fits a single attorney’s practice.
Meet Our Fort Worth Child Custody Attorneys
Custody cases at Mims Ballew Hollingsworth are handled by attorneys who collaborate across cases rather than working in isolation:
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We’re proud of the praise we receive from clients who appreciate our integrity, responsiveness, and thorough preparation.
Speak With a Fort Worth Child Custody Attorney Today
The best child custody attorney for you is one who listens and puts your child’s needs first. We can help guide you through the different legal options you have. Mims Ballew Hollingsworth has skilled litigators ready to fight for you and your child. We will work with you, your former partner, and the legal system to devise a plan covering all child’s needs. When you have child custody struggles, it is time to contact our firm. Complete our contact form to schedule a consultation, call 817-900-8330, or visit our Fort Worth office at 301 Commerce, Suite 2040. Parents in northeast Tarrant County can also meet with our Southlake child custody lawyers at 700 N. Carroll Ave, Suite 170.
Content reviewed by Constance Mims, a Board Certified family law attorney (Texas Board of Legal Specialization). Last Updated: June 2026.
Child Custody FAQs for Fort Worth Parents
Straight answers to the questions parents ask most when a Texas custody case begins.
When parents can agree on who their children will live with, how to share in rights and decision making, and a parenting time schedule, the Court will often approve this agreement. If parents cannot agree, then the Judge will make custody decisions based on what they believe is in the best interest of the children.
The following factors are frequently considered by Courts in determining a child’s best interest: parenting abilities, plans for the child, home stability, your child’s desires, your child’s emotional and physical needs, and whether there is a concern of emotional and physical danger to your child.
Custody orders in Texas are referred to as a parenting plan. The parenting plan addresses issues such as who your child will live with, what rights each parent has, where your child will go to school, and how the parents will share possession. The parenting plan can be very detailed and address concerns or issues unique to your child. If a parent has problems with drugs or alcohol, this can be addressed in your parenting plan to assure the safety of your child. If your child has special needs, these can be addressed in your parenting plan to assure that your child is properly provided for.
If you are involved in a child custody case, you need an attorney who will fight to protect you and your child’s future. Our child custody lawyers will work with you to develop a customized gameplan for your case and for reaching your goals to protect your child.
Legal and physical custody are two aspects of child conservatorship in Texas. Legal custody refers to each parent’s authority to make important decisions about their child’s life. These include decisions about religion, education, healthcare, extracurricular activities, and more. Physical custody refers to the amount of time a child lives with each parent. In most cases, parents will share both legal and physical custody. In the Texas Family Code, legal custody falls under “conservatorship,” and physical custody falls under “possession and access.”
Texas law presumes that it is in a child’s best interests to have time and contact with both parents, which means that a joint conservatorship is the most common custody arrangement. To improve your chances of obtaining custody, ensure you are active in your child’s life and maintain a home environment that is suitable for the child. Further, if you believe the other parent is unfit, keep documents and evidence of their conduct to present to the court. For more practical steps, see our 8 ways to protect your custody rights.
You’re not required to have one, but conservatorship decisions shape your rights and time with your child for years, so the stakes are high. An attorney is especially important in contested or high-conflict cases, or where safety, relocation, or a modification is at issue. Even when parents agree, having a lawyer review the parenting plan helps you avoid terms that are hard to enforce or change later.
Signs include repeated disputes over the schedule, refusal to communicate or co-parent, violations of existing orders, false allegations, or concerns about substance abuse or your child’s safety. High-conflict cases often need a more strategic approach and may involve a parenting coordinator or amicus attorney.
Not safely, no. Even without a formal custody order, Texas law presumes both parents have equal rights, and moving out of state without the other parent's consent can trigger an immediate custody case and lead a court to issue temporary orders - or require the child's return. The safer path is to get the other parent's written agreement or file for a custody order with relocation terms before you move. Read more about moving out of state with a child and no custody agreement.
Texas law allows a child age 12 or older to express a preference to the judge, privately in chambers, about which parent they want to live with. That preference is only one factor among many the court weighs, though - it doesn't automatically decide the outcome, and courts still base custody on the overall best interest of the child. Learn more about whether a child can pick which parent to live with.
A child cannot legally refuse visitation until they turn 18 - there's no age at which a child can simply opt out of a possession schedule. Courts may consider an older child's stated preferences as one factor, particularly once they're 12 or older, but the existing court order remains enforceable regardless of what the child wants. See our full guide on when a child can refuse visitation.
Generally, no - not without either the other parent's written agreement or a court order permitting the move. Texas courts evaluate relocation requests based on the child's best interest, weighing the reason for the move, the impact on the child's relationship with the non-moving parent, and effects on school and stability. Moving without permission first can hurt your case and may lead a court to order the child returned. Learn how Texas courts handle custody relocation.
Both are popular 50/50 possession schedules built around a repeating cycle rather than an even weekly split. A 2-2-5-5 schedule runs on a two-week cycle - each parent gets two days, then alternating five-day blocks that include a weekend - while a 2-2-5 schedule runs on a one-week cycle with more frequent weekend rotation. Neither is the Texas default (that's the Standard Possession Order), but courts will approve them when both parents agree and the arrangement serves the child's best interest. See examples in our 2-2-5-5 custody schedule guide.
Voluntarily giving up custody, or having parental rights limited or terminated, shifts primary decision-making and physical custody to the other parent or, in some cases, another party such as a grandparent. It doesn't automatically eliminate a child support obligation, and reversing course later is difficult - courts require a significant change in circumstances to revisit a custody order. Read more about what happens when a parent gives up custody.
Only in limited circumstances. Texas law presumes fit parents act in their children's best interest, so a grandparent seeking custody must show that a parent is unfit, incarcerated, deceased, or otherwise unable to care for the child, and that living with the grandparent serves the child's best interest. Grandparent visitation rights are even more limited and generally require that both parents have completely cut off contact. Other relatives can also petition for custody when they believe it serves the child’s best interest, and both the relative and the parents should have an attorney. Learn more about grandparents’ rights in Fort Worth.
It depends heavily on whether parents can agree. A cooperative case with an agreed parenting plan can resolve in a matter of months, while a high-conflict, contested custody case - especially one involving relocation, safety concerns, or repeated disputes - can take a year or more to fully resolve, particularly if it goes to trial. While the case is pending, temporary orders set the schedule and decision-making rights so your child has stability in the meantime.
Cost depends on whether your case is contested and how complex it is - an agreed custody arrangement costs far less than a high-conflict case involving relocation, safety concerns, or extensive court proceedings. The most reliable way to understand the likely cost of your case is a consultation, where we can review the issues involved and explain how our fees are structured. Request a consultation with our Fort Worth or Southlake office.
Some of the most damaging mistakes include violating an existing order, withholding the child without a court order, moving without agreement, criticizing the other parent in front of the child or on social media, and failing to document your own involvement. Judges pay attention to how each parent behaves during the case, not just before it. See what happens when parents ignore custody agreements.
A parent can lose primary custody or have their time limited when there is evidence of family violence, abuse or neglect, substance abuse, or other conduct that endangers the child, or when they repeatedly violate court orders. Texas courts may also order drug testing in custody cases when substance use is at issue. Losing primary custody is very different from losing parental rights altogether: termination is rare and requires clear and convincing evidence under Chapter 161 of the Texas Family Code.
Bring any existing court orders, a timeline of key events, relevant texts or emails with the other parent, and school or medical records that show your involvement. It also helps to write down your questions, such as who will work on your case, how the attorney approaches Tarrant County courts, and whether mediation or trial is the likely path. At MBH, more than one attorney collaborates on your case, so ask how our team would divide the work.
Usually only after the child has lived in Texas for six consecutive months. Under the Uniform Child Custody Jurisdiction and Enforcement Act, adopted in Texas at Tex. Fam. Code § 152.201, the child’s “home state” generally has jurisdiction to make the initial custody order. Exceptions exist, including temporary emergency jurisdiction when a child is in danger, so an attorney should review the timeline before you file.