Fort Worth Child Custody Attorneys

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 most cases, parents can control whether their child spends time with grandparents or other relatives. However, if a relative believes that it is in the child’s best interest for them to obtain custody, they can petition the court. Both parties petitioning for custody and parents defending against a petition should have help from an attorney.

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.

A child who is 12 years old or older can express their opinion to the family court about which parent they live with. However, the child’s opinion is not necessarily what the court will follow. Instead, it is only one of many factors a judge must consider when deciding what type of custody arrangement is best for the child.

You’re not required to have one, but conservatorship decisions shape your rights and time with your child for years. An attorney is especially important in contested or high-conflict cases, or where safety, relocation, or a modification is at issue.

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.

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.

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. 

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. 

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. 

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. 

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. 

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. 

You're not required to have one, but custody decisions shape your rights and your time with your child for years, so the stakes are high. An attorney is especially valuable in contested or high-conflict cases, or where relocation, safety concerns, or a modification is at issue. 

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.