Fighting For Your Parental Rights

Child custody is one of the most important and emotional issues in a family law case. Our Houston child custody lawyers at Farias Law Firm know the laws of Texas and help parents understand every aspect of child custody, including child support, and the legal process that impacts custody.

If you are going through a custody case for the first time or need to make a modification, we provide negotiation, technology, and trial-ready legal advocacy to protect your parental rights and your children’s best interests. 

Contact Farias Law Firm at 713‑226‑7999 today to learn more.

Understanding Custody Rights and How Texas Courts Decide

In Texas, parents have certain basic rights with respect to their children. These rights include:

• The right to make decisions concerning the child’s upbringing, including decisions regarding education, healthcare, and religious training.
• The right to access and possess the child, which means the right to spend time with the child and to have physical custody of the child.
• The right to receive information from any other person who has access to information about the child, such as teachers, doctors, or counselors.
• The right to consent to the child’s marriage, enlistment in the armed forces, and medical and psychiatric treatment.
• The right to receive child support from the other parent, if applicable.

It is important to note that these rights can be limited or modified by court order if it is determined to be in the best interests of the child. 

Legal Custody Types in Texas
Texas refers to custody as “conservatorship,” and there are several forms a court may order:

• Sole Managing Conservatorship (SMC): One parent has the exclusive right to make major decisions for the child, and the child primarily resides with that parent. The other parent may have limited or supervised visitation (called “possession and access”).
• Joint Managing Conservatorship (JMC): Both parents share rights and duties, although one parent may determine the child’s primary residence. Courts favor this arrangement when both parents can act in the child’s best interests.
• Possessory Conservatorship: If one parent is awarded sole managing conservatorship, the other parent is typically designated as a possessory conservator, allowing for visitation but not shared decision-making authority.

Under joint custody, both parents will have custodial roles, and both parents will have periods of possession and access (visitation) with the child.

How Courts Determine Custody

When deciding custody, Texas courts focus on the child’s best interests. Judges consider many factors, including:

• The child’s physical and emotional needs now and in the future
• Each parent’s ability to provide a safe, stable home environment
• The history of caregiving by each parent
• The child’s relationship with siblings and other family members
• Each parent’s willingness to foster a positive relationship between the child and the other parent
• Any history of abuse, neglect, or family violence
• The child’s preferences, if they are 12 years of age or older

These factors help courts create a parenting arrangement that protects the child’s well-being and promotes a healthy relationship with both parents whenever possible.

Preparing for Co-Parenting

Winning custody is about more than legal papers. It’s about building a strong and healthy co‑parenting relationship. Our team helps mothers and fathers develop a co‑parenting mindset as early in the process as possible. Before entering a legal setting, parents need to establish effective communication methods as well as emotional readiness and parenting consistency. 

We help our clients do the following:

• Prepare for frequent changes to schedules, living arrangements, and parenting roles.
• Talk with kids in developmentally appropriate ways about what to expect and upcoming changes.
• Prepare emotionally. Co‑parenting is hard, and it can help to think about counseling or support groups sooner rather than later.

With this foundation in place, you will not only protect your child’s emotional stability, but you will also demonstrate to the court that you are putting your child’s best interests first.

Digital Co-Parenting Tools

Technology can be a great tool to help alleviate the stress, pressure, and tension of co-parenting. Some courts require certain communication tools, especially in contentious divorces, so proof of communication is available to the court. However, these tools are used for a variety of reasons.

Parents who have experienced a history of disagreements or abusive interactions find these tools especially beneficial. Co-parents who previously struggled with communication find these tools helpful as they separate logistics from emotional discussions so that each parent can maintain focus on parenting essentials.

Some courts have gone so far as to mandate the use of co-parenting tools in high-conflict custody cases for that very reason. Digital co-parenting tools simplify shared parenting by making management easier and allowing better tracking while reducing emotional stress inside and outside of courtrooms.

Emergency Custody Situations

Although most custody cases will follow a fairly predictable timeline, not all will. In fact, there are some circumstances where a child’s health, safety, or welfare is threatened and immediate legal action is necessary. 

Emergency custody actions can be taken if a parent alleges that a child is in immediate danger and the current custody order should be modified to protect the child from abuse, neglect, drug use, or other harm. At Farias Law Firm, we understand the importance of these matters, and we can take immediate legal action to ensure the safety of your child.

Emergency situations are handled by first securing proof of the situation. This may include medical or police reports, along with any messages or testimony that can document the risk to the child. From there, our Houston child custody lawyers can file a petition for emergency custody or a temporary restraining order.

These legal measures protect against parental access until the court examines all evidence further. In cases where the child may be in immediate danger, we also seek temporary orders to keep the child out of harm’s way while the court considers a long-term arrangement. 

Long-Term Custody Planning

Child custody is not set in stone. As your children get older and their needs change, your legal plan should change too. At Farias Law Firm, our Houston child custody attorneys focus on long‑term planning, rather than short‑sighted agreements.

• Life milestones: A client’s remarriage, relocation, or work schedule may change custody expectations. We can help plan for life’s changes and build in provisions to facilitate or modify orders.
• Flexible parenting schedules: We know that life changes, sometimes temporarily and sometimes permanently. Instead of assigning rigid blocks of parenting time, we can fight for more flexible schedules that account for seasonal needs, sharing extended breaks, and rotating holidays.
• Children’s transitional changes: As children age, their needs change. We can advocate for you to make modifications if necessary for your child’s best interest, as their natural emotional and developmental needs change.

Starting with flexibility prevents future disputes and demonstrates your commitment to your child’s evolving needs in court.

Speak With an Experienced Houston Child Custody Lawyer

In Houston, you don’t have to go through a child custody battle alone. At Farias Law Firm, we work to protect your rights and serve the best interests of your child. We can fight for you through negotiation, mediation, or in the courtroom, and guide you into the future. 

Contact Farias Law Firm today by calling 713‑226‑7999 or completing our online form to talk to a Houston child custody attorney you can trust.

 Child Custody FAQs

Can a child choose which parent to live with in Texas?
A child aged 12 or older may express a preference to the court, but this is just one factor among many. The judge makes the final decision based on the child’s best interests.

What is a standard possession order (SPO)?
A Standard Possession Order outlines a default visitation schedule under Texas law, usually giving one parent primary custody and the other parent visitation on the first, third, and fifth weekends of the month, alternating holidays, and extended summer possession.

What if the other parent violates the custody order?
You can file a motion to enforce the court order. The court may impose penalties, including fines, makeup visitation time, or even jail time in severe cases of contempt.

Is joint custody the same as 50/50 custody in Texas?
Not always. Joint managing conservatorship (JMC) means both parents share rights and duties, but it doesn’t automatically mean equal possession time. A 50/50 schedule must be specifically requested and approved as being in the child’s best interest.

Do grandparents have custody or visitation rights in Texas?
In limited circumstances, yes. Grandparents may seek visitation or custody if it is deemed to be in the best interest of the child and certain legal requirements are met, such as if the parent is incarcerated, incompetent, deceased, or if the child’s physical or emotional well-being is at risk.

Why should I hire a child custody lawyer in Houston?
Texas family law is complex, and custody battles can be emotionally and legally challenging. An experienced Houston child custody attorney will protect your rights, guide you through the legal process, and work toward the best possible outcome for you and your child.