Child custody in Texas is legally termed “conservatorship” and is governed by Chapter 153 of the Texas Family Code. Texas law presumes that appointing both parents as joint managing conservators serves the child’s best interest, meaning both parents share most decision-making rights about the child’s upbringing. However, joint managing conservatorship does not guarantee equal parenting time — the court still designates one parent’s residence as the child’s primary residence and establishes a possession schedule that may give one parent significantly more time with the child.
At Varghese Summersett, our Denton child custody lawyers understand that conservatorship disputes affect the most important relationship in your life — the one with your child. Our team of experienced family law attorneys brings extensive experience navigating Denton County family courts and protecting parents’ rights while prioritizing children’s stability and well-being. We’ve successfully represented parents in initial custody determinations, modifications, enforcement actions, and complex cases involving relocation, family violence allegations, and high-conflict co-parenting situations.
In this article, we will explain how child custody works in Texas and what Denton County parents need to know.
Understanding Texas Conservatorship: Joint vs. Sole Managing Conservator
Texas uses specific legal terminology that differs from the traditional “custody” language used in other states. Understanding these terms is essential to navigating your case and knowing what outcomes are possible.
Joint Managing Conservatorship
Joint managing conservatorship means both parents share the rights and duties of a parent, with certain exclusive rights assigned to one parent by the court. Texas Family Code Section 153.074 creates a rebuttable presumption that appointing both parents as joint managing conservators is in the child’s best interest.
Despite the name, joint managing conservatorship does not mean equal parenting time. One parent is typically designated as the parent who establishes the child’s primary residence, and that parent usually has the child during the school week while the other parent follows a possession schedule for specific weekends, holidays, and summer periods.
Rights commonly shared between joint managing conservators include the right to receive information from schools and healthcare providers, the right to consult with the other parent about significant decisions, and the right to attend school activities and extracurricular events. Exclusive rights typically assigned to the primary conservator include the right to designate the child’s primary residence (often within a specific geographic area), the right to consent to medical and dental care (except in emergencies), and the right to make educational decisions.
Sole Managing Conservatorship
Sole managing conservatorship concentrates decision-making authority with one parent and is reserved for situations where evidence demonstrates that joint conservatorship would significantly impair the child’s physical health or emotional development. Section 153.004 lists specific circumstances that overcome the joint conservatorship presumption, including credible evidence of a history or pattern of family violence, evidence of child abuse or neglect, or clear and convincing evidence that appointing both parents as joint managing conservators would significantly impair the child’s wellbeing.
Even in sole managing conservatorship cases, the other parent typically retains possessory conservator status with defined visitation rights unless the court finds that possession would endanger the child. Possessory conservators maintain certain rights including receiving information about the child, attending school activities, and spending time with the child according to court-ordered schedules.
The Best Interest of the Child Standard
Courts make all conservatorship and possession decisions based on what serves the child’s best interest. This broad standard gives judges significant discretion to weigh multiple factors and craft orders tailored to each family’s circumstances.
The Texas Supreme Court’s decision in Holley v. Adams identified key factors courts consider when determining the best interests of the child, commonly known as the “Holley factors.”
These include the child’s desires if the child is old enough to express a reasoned preference; the child’s emotional and physical needs now and in the future; any emotional or physical danger the child currently faces or may face in the future; the parenting abilities of the individuals seeking conservatorship; the programs available to assist these individuals; the plans each individual has for the child’s future; the stability of the proposed home; the acts or omissions of the parent that may indicate the existing parent-child relationship is not proper; and any excuse for such acts or omissions.
Denton County judges apply these factors by examining extensive evidence about each parent’s relationship with the child, caregiving history, living situation, work schedule, mental and physical health, criminal or CPS history, and ability to co-parent effectively. Courts particularly value parents who demonstrate consistent involvement in the child’s life, provide stable and appropriate housing, support the child’s relationship with the other parent, and prioritize the child’s needs over conflict with the other parent.
Standard Possession Order and Custom Schedules
When parents cannot agree on a possession or visitation schedule, Texas courts typically order the Standard Possession Order outlined in Section 153.312 of the Family Code. The Standard Possession Order provides the possessory conservator (typically the non-primary parent) with possession on the first, third, and fifth weekends of each month from 6:00 p.m. Friday to 6:00 p.m. Sunday, one weeknight evening per week for a few hours, alternating holidays, and extended summer possession of 30 days.
For parents living within 100 miles of each other, the Standard Possession Order with expanded weekend possession extends Friday pickup time to when school dismisses and Sunday return to 6:00 p.m., giving the possessory conservator additional time. For parents living more than 100 miles apart, the order adjusts to accommodate travel, typically providing longer but less frequent periods of possession.
Parents can agree to custom schedules that differ from the Standard Possession Order. Many families negotiate expanded possession, including additional weeknight overnights, alternating weeks during summer, or other arrangements fitting their work schedules and the child’s activities. The court must approve any agreed schedule and will do so if it serves the child’s best interest.
Recent legislative discussions in Texas have explored expanded parenting time provisions and presumptive equal parenting time concepts for children over age three in joint managing conservatorship cases. While these proposals are still developing, they reflect growing recognition that many children benefit from substantial time with both parents when both parents are fit and able to cooperate.
Factors That Influence Custody Decisions in Denton County
Denton County family court judges weigh numerous factors when making conservatorship and possession decisions. Understanding what courts value helps parents present their cases effectively and make decisions that protect their parental rights.
Parenting History and Primary Caregiver Status
Courts examine who has been the child’s primary caregiver — who gets the child ready for school, attends parent-teacher conferences, takes the child to doctor appointments, helps with homework, and manages the child’s daily routines. Parents who demonstrate consistent, hands-on involvement throughout the child’s life have advantages in custody proceedings.
Home Stability and Environment
The stability of each parent’s home environment significantly impacts custody decisions. Courts consider housing stability, neighborhood safety, appropriateness of the living space for the child, and whether the home provides consistent routines and structure. Frequent moves, unstable housing situations, or inappropriate living conditions raise concerns about a parent’s ability to provide stability.
Co-Parenting Ability
Texas courts strongly value parents who encourage and facilitate the child’s relationship with the other parent. Evidence that a parent undermines the child’s relationship with the other parent — through disparaging comments, withholding possession time, interfering with communication, or making false allegations— can significantly damage that parent’s case. Conversely, parents who demonstrate flexibility, communicate appropriately about the child’s needs, and support the other parent’s relationship with the child are viewed favorably.
Work Schedules and Availability
Each parent’s work schedule and availability to care for the child during proposed possession times affect custody determinations. Parents who work traditional hours, allowing them to be present during non-school times, have advantages over parents with irregular schedules, extensive travel, or work demands that prevent consistent caregiving.
Mental and Physical Health
Mental health issues, substance abuse, and physical health conditions that affect parenting ability become relevant in custody cases. Courts don’t automatically disqualify parents with mental health diagnoses or past substance abuse, but they examine whether these issues are properly managed and whether they impact the parent’s ability to provide safe, appropriate care.
Family Violence and Safety Concerns
Any history of family violence dramatically affects custody outcomes. Texas Family Code Section 153.004 requires courts to consider evidence of family violence when determining conservatorship. Credible evidence of a history or pattern of family violence raises the presumption that appointing the perpetrator as a joint managing conservator or allowing unsupervised possession is not in the child’s best interest. The party seeking joint conservatorship or unsupervised access must overcome this presumption with clear and convincing evidence.
How Denton County Family Courts Handle Custody Cases
Denton County family court cases involving conservatorship typically follow a predictable procedural path, though each case’s specific timeline and steps vary based on complexity and the parties’ willingness to cooperate.
Filing and Temporary Orders
Custody cases begin when one parent files either a Suit Affecting the Parent-Child Relationship (SAPCR) or a divorce petition that includes custody issues. After filing and serving the other parent, the case typically proceeds to a temporary orders hearing where the court establishes interim arrangements for conservatorship, possession, child support, and use of property while the case is pending.
Temporary orders often set the tone for final orders because they establish patterns of possession and caregiving that the court later evaluates when making permanent decisions. Having experienced counsel at temporary orders hearings is essential to protect your interests during this critical phase.
Discovery and Evidence Gathering
The discovery phase allows both parties to gather evidence supporting their positions. This includes written interrogatories asking about employment, income, caregiving history, and other relevant facts, requests for production of documents such as school records, medical records, and financial information, and depositions where parties and witnesses answer questions under oath.
Parents should use this time to document their involvement in the child’s life, gather evidence of the child’s needs and routines, and identify witnesses who can testify about their parenting abilities and relationship with the child. Our attorneys guide clients through evidence gathering to build compelling cases demonstrating their fitness and commitment to their children.
Mediation
Denton County strongly encourages mediation before contested custody trials. Most judges require parties to attend mediation and will not set trials until mediation has been attempted. Mediation provides a confidential setting where parents work with a neutral mediator to negotiate parenting plans addressing conservatorship, possession schedules, decision-making authority, and child support.
Many cases resolve at mediation, allowing parents to maintain control over outcomes rather than leaving decisions to a judge. Successful mediation requires thorough preparation, clear understanding of your goals and priorities, and willingness to compromise on issues less critical than your core interests. Our attorneys prepare clients for mediation by helping them identify realistic outcomes, understand negotiation strategies, and recognize when proposed settlements serve their children’s best interests.
Trial
Cases that don’t settle proceed to contested trials where each parent presents evidence and witnesses supporting their requested conservatorship and possession arrangements. Trials may last from a few hours for simpler cases to multiple days for complex matters involving extensive evidence or expert testimony.
Effective trial advocacy requires presenting your case clearly and persuasively while demonstrating how your proposals serve the child’s best interest. Our attorneys have extensive trial experience in Denton County family courts and understand how to present evidence, examine witnesses, and argue legal issues effectively before Denton County judges.
Modifying Custody Orders
Conservatorship and possession orders can be modified when circumstances change substantially. Section 156.101 of the Texas Family Code establishes the requirements for modification, which vary depending on the type of change requested and how long since the last order.
Modification Based on Material and Substantial Change
The most common ground for modification is showing that circumstances of the child or a party affected by the order have materially and substantially changed since the current order was entered. Changes that may support modification include significant changes in a parent’s living situation, employment, or ability to care for the child, evidence of family violence or substance abuse that wasn’t present when the current order was entered, the child’s changed needs or preferences as they mature, or one parent’s persistent interference with the other parent’s possession or relationship with the child.
Courts require clear evidence of changed circumstances, not simply dissatisfaction with the current arrangement. The changes must be significant enough to potentially warrant a different custody arrangement that better serves the child’s current best interest.
Modification After One Year: Conservatorship Changes
If you seek to change the child’s primary residence or modify conservatorship rights, you generally must wait at least one year after the current order was signed unless you can prove the child’s present environment endangers their physical health or significantly impairs their emotional development. This one-year restriction prevents constant relitigation but allows emergency intervention when children face genuine danger.
Modification Based on Child’s Preference
Once a child reaches age 12, they can file an affidavit with the court expressing their preference about which parent should have the right to designate their primary residence. The child’s preference is not controlling, but it creates grounds for modification without waiting one year from the last order. The court still makes the final decision based on the child’s best interest, but judges give significant weight to mature children’s reasoned preferences.
Enforcing Custody Orders
When one parent violates court-ordered possession schedules or conservatorship provisions, the other parent can file enforcement actions seeking to compel compliance and remedy violations. Enforcement mechanisms include contempt proceedings for willful violations, which can result in fines or jail time, makeup possession time to compensate for denied visits, modification of custody arrangements if violations demonstrate the current order no longer works, and court-ordered counseling or parenting classes.
Enforcement cases require proof that the other parent violated specific court orders. Documentation becomes critical—keep detailed records of denied possession times, refused communications, and other violations. Text messages, emails, police reports, and witness testimony all support enforcement claims.
Parents facing enforcement actions need immediate legal representation to protect against potentially severe consequences including loss of custody rights, contempt findings, or financial penalties.
Special Custody Issues
Relocation Cases
When the parent with primary custody wants to relocate with the child outside the geographic restriction in the custody order, they must either obtain the other parent’s agreement or seek court permission. Courts consider numerous factors including the reason for the move, the move’s impact on the child’s relationship with each parent, educational and economic opportunities in the new location, and each parent’s commitment to facilitating the child’s relationship with the other parent despite distance.
Relocation cases are among the most contested custody matters because they fundamentally alter possession arrangements and the non-relocating parent’s ability to maintain regular contact with the child.
Family Violence Cases
Cases involving family violence require specialized handling. Courts can enter protective orders restricting contact, order supervised possession for the parent with a history of violence, require completion of batterer’s intervention programs, and impose other conditions protecting the child and the abused parent.
Recent Texas legislation and case law have strengthened protections for domestic violence victims and their children, including provisions addressing coercive control and expanding the definition of family violence.
Substance Abuse Issues
When one parent has substance abuse issues, courts can order drug testing, require completion of treatment programs, impose supervised possession, and gradually expand possession as the parent demonstrates sustained sobriety. Parents with past substance abuse issues can regain full parenting rights by maintaining sobriety, completing treatment, and demonstrating their recovery doesn’t compromise their parenting ability.
High-Conflict Co-Parenting
Some parents cannot communicate effectively despite court orders requiring cooperation. For high-conflict situations, courts can appoint parenting coordinators to help resolve day-to-day disputes without constant court intervention, order communication through specific apps or methods to reduce conflict, establish detailed possession schedules and exchange procedures minimizing direct contact, and require participation in co-parenting counseling.
Recent Changes to Texas Custody Law
Texas family law continues evolving through legislation and appellate decisions. Recent developments affecting Denton County custody cases include expanded parenting time provisions reflecting research showing children generally benefit from substantial time with both fit parents; changes to standing requirements that narrow who can seek conservatorship or access to children, requiring exclusive care, custody, and control in certain circumstances; appellate decisions protecting children’s stability during appeals by allowing courts to suspend certain orders pending appellate review; and ongoing legislative discussions about presumptive equal parenting time for children over age three in joint managing conservatorship cases.
These changes reflect evolving understanding of children’s developmental needs and recognition that traditional possession schedules may not serve all families’ best interests. Staying current with legal developments ensures your case benefits from the most favorable interpretations of current law.
Preparing for Your Denton County Child Custody Case
Effective preparation significantly impacts custody outcomes. To put your best foot forward, parents seeking custody should:
- Document their involvement in the child’s daily life, including school activities, medical appointments, extracurricular activities, and routine caregiving.
- Maintain detailed calendars showing time spent with the child and the other parent’s compliance with possession schedules.
- Gather school records, report cards, medical records, and other documents demonstrating the child’s needs and your involvement.
- Preserve communications with the other parent, showing your co-parenting efforts or documenting their interference or inappropriate behavior.
- Ensure your home environment is safe, stable, and appropriate for the child with adequate space and necessary supplies.
Equally important is avoiding behaviors that damage your case. Don’t make disparaging comments about the other parent to the child or within the child’s hearing, violate existing custody orders even if you believe they’re unfair, withhold information about the child from the other parent, interfere with the child’s relationship with the other parent, or post about your case or the other parent on social media.
The Importance of Hiring a Denton Child Custody Lawyer
Child custody cases involve complex legal standards, significant evidence requirements, and potentially life-altering consequences for your relationship with your child. Self-representation in custody matters rarely produces favorable outcomes because parents lack the legal knowledge, procedural experience, and objective perspective necessary to present effective cases.
An experienced Denton child custody lawyer brings several critical advantages to your case. They have a thorough understanding of Texas conservatorship law and the best-interest standard. They are familiar with Denton County judges, court staff, and local procedures. They also understand effective negotiation strategies and realistic settlement ranges.
These attorneys know how to gather, organize, and present evidence persuasively. They are skilled at examining and cross-examining witnesses at trial.
In addition, they have connections with expert witnesses — such as custody evaluators, therapists, and vocational experts — when a case requires specialized testimony.
Local experience matters significantly in family law. Denton County judges have individual preferences about evidence presentation, scheduling expectations, and approaches to common custody issues. Attorneys who regularly practice in Denton County understand these nuances and use them to advantage their clients.
Common FAQs About Child Custody in Denton
How does Texas decide who gets primary custody?
Texas courts make conservatorship and possession decisions based solely on the child’s best interest. Courts examine factors including each parent’s relationship with the child, caregiving history, home stability, co-parenting ability, work schedule, and any safety concerns. There is no automatic preference for mothers or fathers — decisions turn on evidence about what arrangement best serves the specific child’s needs.
What is a Standard Possession Order?
The Standard Possession Order is the default visitation schedule under Section 153.312 of the Family Code when parents cannot agree. It provides the non-primary parent with possession on first, third, and fifth weekends, one weeknight per week, alternating holidays, and 30 days during summer. Parents can agree to different schedules if both consent and the court approves.
Can we agree to 50/50 custody?
Yes, parents can agree to equal or near-equal possession schedules. Courts will approve agreed schedules that serve the child’s best interest. However, even with equal parenting time, one parent is typically designated as the primary conservator who establishes the child’s primary residence, often with a geographic restriction.
How can I change a custody order?
Modification requires showing material and substantial changes in circumstances since the last order, waiting at least one year from the last order for conservatorship changes (unless the child faces danger), or if the child is 12 or older, the child filing an affidavit expressing their preference. You must file a modification petition with the court and prove the requested changes serve the child’s current best interest.
What if my ex won’t follow the custody order?
You can file an enforcement action seeking court intervention. Remedies include makeup possession time, contempt findings that can result in fines or jail time, modification of the custody arrangement, and court-ordered counseling. Document all violations with specific dates, times, and circumstances to support your enforcement claim.
Will my child have to testify?
Texas courts can interview children about their preferences and experiences, typically in the judge’s chambers rather than open court. Children age 12 and older have the right to express preferences about their primary residence. Judges have discretion about interviewing younger children and generally do so only when the child’s input would be helpful and the child is mature enough to provide meaningful information.
How long do custody cases take?
Timeline varies significantly based on case complexity and whether parents can reach agreements. Uncontested cases where parents agree on all terms can finalize within a few months. Contested cases requiring discovery, mediation, and trial typically take six months to over a year. Complex cases involving allegations of abuse, relocation disputes, or extensive expert testimony can take longer.
Why Choose Varghese Summersett
Varghese Summersett has extensive experience handling child custody cases throughout Denton County and North Texas. Our team understands that custody disputes involve more than legal issues — they affect your most important relationship and your child’s future stability and well-being.
Our approach combines thorough preparation with strategic advocacy. We gather comprehensive evidence demonstrating your parenting abilities and relationship with your child, develop clear narratives showing how your proposals serve your child’s best interest, and present your case persuasively whether in negotiation, mediation, or trial.
We stay current with evolving Texas family law including recent statutory changes, appellate decisions, and emerging trends in custody proceedings. This knowledge ensures your case benefits from the most current legal developments and strongest available arguments.
Our attorneys also recognize that protecting your parental rights means protecting your freedom and ability to remain actively involved in your child’s life. We fight aggressive enforcement actions that threaten incarceration or other severe consequences and work toward resolutions that maintain your relationship with your child while addressing legitimate concerns.
When to Contact a Denton Child Custody Lawyer
Contact a Denton child custody lawyer immediately if you are considering divorce or separation and custody will be contested. You should also seek legal help if the other parent has filed for divorce or a SAPCR and you have been served with papers.
It’s also imperative to consult an attorney if you want to modify an existing custody order due to changed circumstances; if the other parent is violating custody orders and you need enforcement; or you are concerned about your child’s safety with the other parent.
A Denton child custody lawyer is also essential if you are the one facing enforcement action or contempt proceedings.
Early legal consultation provides critical advantages. Attorneys can advise you about actions protecting your parental rights during separation, help you avoid mistakes that could damage your custody case, and begin building evidence supporting your positions before disputes escalate.
Even if you hope to resolve custody matters cooperatively, consulting with an attorney ensures you understand your rights, realistic outcomes, and how to protect your interests while working toward agreement with the other parent.
Speak to Denton Child Custody Lawyer Today
Your relationship with your child is irreplaceable. Child custody decisions affect not only your parenting time but your ability to participate in major decisions about your child’s upbringing, education, medical care, and future. These decisions require experienced legal guidance from attorneys who understand Texas conservatorship law, Denton County court procedures, and effective advocacy strategies.
Call Varghese Summersett today at 817-202-2220 or contact us online to schedule a consultation with our experienced Denton child custody lawyers. We’ll review your circumstances, explain your options under current Texas law, and develop a strategy protecting your parental rights while prioritizing your child’s best interest and stability.
