Types of Child Custody in Texas
Texas' legal terminology for custody differs from that of other states. Here, the law uses "conservatorship" to describe custody arrangements, and parents are called "custodians." This distinction is essential for understanding legal documentation and court proceedings about parental rights and responsibilities.
With child custody laws in Texas, there are two types of conservatorships:
- Joint managing conservatorship (JMC)
- Sole managing conservatorship (SMC)
These conservatorship terms refer to a custodian's authority to make decisions about the child's health, education, religious upbringing, and general welfare. An order for JMC or SMC does not determine where the children will live, which is commonly called physical custody.
Texas courts determine physical guardianship and visitation (sometimes called "parenting time") in a separate document called a "possession order" (PO). This order details the schedule for "possession," when a parent provides a home for the children, and "access," which covers the visitation schedule for the noncustodial parent.
Denton County courts follow the Texas Family Code but also apply their local rules when crafting possession orders, especially if parents live in different cities such as Flower Mound or Argyle. Local knowledge can help ensure parenting schedules are practical and minimize disruptions for children involved in local schools or activities. We help parents develop agreements that fit real commutes, school zones, holiday plans, and the needs of neighborhoods in the Denton area.
Denton County judges generally favor JMCs when both parents show responsibility and involvement in their children's lives. Courts can tailor possession orders to meet the specific needs of the family or approve customized agreements made by the parents.
If both Texas parents are deceased, unfit, or not present, a judge in Denton County may award third-party conservatorship to:
- An individual who has cared for the child for the past six months
- The closest living relative
If you believe you should be awarded third-party conservatorship, you may need to file a lawsuit. We can help. Call our child custody lawyers in Denton, Texas today: (972) 236-7798!
Custody Factors That Texas Family Court Considers
When handling child custody issues, the guiding principle for a Denton County family law court is the child's best interest.
The court in Denton County considers several factors, including:
- The ability of each parent to agree, communicate, and cooperate in custody matters relating to the child
- Each parent's willingness to accept custody and any history of refusal to permit parenting time that is not based on substantiated abuse
- The relationship of the child with parents and siblings
- Any history of domestic violence
- The children's safety and the protection of either parent from physical abuse by the other parent
- The children's preference if they are of sufficient age and capacity to reason and form an informed decision
- The needs of the children
- The stability of each home environment offered
- The quality and continuity of the children's education
- The fitness of the parents
- The proximity of the parents' homes
- The extent and quality of time the parent spent with the child before or after separation
- The parent's employment responsibilities and ability to provide a nurturing environment
- The age and number of the children
Commonly Asked Questions on Child Custody
How Can I Prepare for My First Meeting with a Child Custody Lawyer in Denton County?
Gather all relevant documents, including any existing custody agreements, communication with the other parent, and financial records. Prepare a list of questions and be ready to discuss your goals and concerns about custody. This preparation helps ensure a productive consultation.
What Is the Typical Timeline for a Child Custody Case in Texas?
The timeline varies depending on the case complexity, willingness of both parties to negotiate, and the court's schedule. Most cases take several months from filing to resolution, but some may take longer if they go to trial. Our legal team works to manage your case efficiently while prioritizing your child's needs.
Are Child Custody Decisions in Texas Permanent?
No, custody decisions are not always permanent. They may be modified if there is a significant change in circumstances, such as a job change, relocation, or changes in a child's needs. Our child custody attorneys can review if a modification is appropriate for your situation.
What Should I Do If I Believe My Child's Safety Is at Risk During Custody Exchanges?
If your child's safety may be at risk, document all incidents and contact your lawyer immediately. You may want to ask for supervised exchanges or contact law enforcement if it's necessary to keep your child safe. Quick action helps protect your child in urgent situations.
Can Third-Party Conservatorships Be Awarded If Both Parents Are Deceased or Unfit?
Yes. If both parents in Texas are deceased, unfit, or absent, a judge may award third-party conservatorship to someone who has cared for the child for six months or to the closest living relative. These decisions aim to give the child a secure and supportive environment.
What Rights Does a Father Have in Denton County, TX?
In Denton County, a father has the same rights as a mother in child custody matters as long as:
- Paternity has been established - This can be done in several ways, such as being married to the mother at the child's birth or through legal steps. Establishing paternity ensures a father's right to participate in life decisions for their child.
- They are "fit" to parent - This standard applies equally to both parents. If a judge rules a parent unfit, it may limit custody and visitation rights. False accusations can also have serious consequences. Creating a stable, nurturing home is a responsibility for both parents.
If you are unmarried and have not established paternity, you will not have the legal right to make critical decisions for your child, such as school and healthcare choices. Protect your rights by seeking family law support and establishing your legal standing as a parent.
Why Choose Our Denton County Child Custody Lawyers?
- Extensive experience: Our attorneys have years of experience handling child custody cases in Flower Mound, Highland Village, Argyle, and across Denton County. We have a strong record of advocating for our clients and working toward positive results. Our history shows our commitment to pursuing meaningful outcomes for families.
- Compassionate guidance: Child custody disputes can be emotionally difficult. Our lawyers provide steady, understanding support throughout the legal process, helping you feel informed and supported at every stage. We aim to reduce stress while protecting your interests.
- Customized strategies: Every child custody dispute involves unique circumstances. We tailor our legal strategies to each client’s needs and work closely with you to develop a plan that fits your goals. Because every family is different, we believe in creating personalized solutions.
- Strong advocacy: Our child custody lawyers are skilled negotiators and litigators, prepared to advocate for your rights and interests through negotiation, mediation, or courtroom representation. We strive for resolutions that put your child's welfare first.
- Transparent communication: We maintain open and honest communication with our clients. Our lawyers keep you updated about case progress, answer your questions, and provide realistic guidance on your options. We value trust and clarity with those we represent.
Our Denton child custody attorney team leverages years of experience working in local courtrooms and interacting with judges and court staff at the Denton County Courts Building. These established relationships enable us to deliver solid advice about local procedures, timelines, and which judges may oversee your case. By anticipating challenges unique to Denton County proceedings and addressing key documentation standards, we support families and help prevent delays in the legal process.
When it comes to child custody matters, don't leave the outcome to chance. Contact our experienced Denton child custody lawyers at Burrows Law Group today to schedule a consultation and get the dedicated legal guidance you need. We work closely with you, making sure every decision aligns with your family's priorities.
Protect Your Child's Best Interests with Experienced Child Custody Lawyers
When dealing with a child custody dispute, having a knowledgeable attorney by your side helps protect your child's best interests. At Burrows Law Group, our child custody lawyers in Denton understand the complexities of family law and pursue the best possible results for you and your child. We focus on creating a safe, supportive environment where both parents and children feel heard and respected.
We prepare each custody case with a detailed, fact-driven strategy and careful review. By staying up to date with Denton County court protocols and changes in Texas law, we craft strategies that address both your immediate needs and long-term family goals. Families come to us for guidance they can trust, especially when challenges or developments arise that require quick, informed decision-making.
Our child custody lawyers work diligently to achieve your custody goals so you can maintain a positive relationship with your children. If you need legal guidance for a conservatorship dispute during or after divorce, reach out to a certified family law attorney at Burrows Law Group serving Denton, TX. Keeping your child at the center of every decision is always our focus.
Our child custody attorneys are ready to help with dedicated and highly personal legal services. Request your consultation by calling (972) 236-7798 or completing our online form today.
How Denton County Courts Handle Child Custody Proceedings
In Denton County, families starting a child custody case usually file a petition at the Denton County Courts Building on East McKinney Street. Local court rules require both parents to participate in several steps before the judge makes a final order. These steps can include court-ordered parenting classes, mediation sessions, or an initial status conference with the court. Mediation, common in Denton, provides a neutral setting where parents can work out an agreement on their parenting plan, which often saves time and reduces conflict. If the parents cannot reach agreement in mediation, the case moves forward to a hearing where a judge reviews evidence from both parties. With years of experience in Denton’s family court system, Burrows Law Group prepares parents for each stage, so they understand what to expect and how to best present their interests. Our familiarity with Denton's judges and court operations helps keep clients informed at every step. This approach allows families to move through each stage of the process with confidence and support.
Emergency & Temporary Custody Orders in Denton County
Sometimes a quick decision about child custody is necessary, especially if a child's safety or immediate well-being is at stake. Denton County courts can issue emergency or temporary custody orders to provide a safe environment for the child while the family addresses the long-term plan. Emergency hearings move quickly, and judges in Denton require reliable, clear information to issue a temporary order. These orders last until the court can hold a full custody hearing. Local agencies and law enforcement may get involved if needed to ensure the child’s safety and follow the court’s requirements. At Burrows Law Group, we help parents understand the urgent procedures and documentation needed in an emergency. Our knowledge of Denton's specific court processes allows us to guide clients through high-stress situations and help restore families’ peace of mind.
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