Walker County Child Custody Lawyer

Conservatorship — Legal Custody

Texas uses the term "conservatorship" to describe what most people call legal custody — the right to make decisions about a child's education, healthcare, and upbringing. There are two forms:

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• Joint Managing Conservatorship (JMC): Both parents share decision-making rights and responsibilities. This is the default under Texas law and is presumed to be in the best interest of the child.

• Sole Managing Conservatorship (SMC): One parent holds the exclusive right to make key decisions. The court may award SMC when the other parent has a history of family violence, substance abuse, or other circumstances that make joint decision-making inappropriate.

 

Possession and Access — Physical Custody

Possession and access governs where the child lives and when each parent has time with the child. Texas provides a Standard Possession Order (SPO) as a baseline schedule, which typically gives the non-primary parent alternating weekends, Thursday evenings, and expanded time during school holidays and summer. Courts can customize possession schedules based on the child's needs and the parents' circumstances.

 

The Best Interest of the Child Standard

All custody decisions in Texas are governed by the "best interest of the child" standard. Courts consider factors including:

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• The child's physical and emotional needs

• Each parent's ability to provide a stable home environment

• The child's existing relationship with each parent

• Any history of family violence or substance abuse

• The child's own preferences (if the child is 12 or older, the court will consider their wishes)

• The geographic proximity of the parents' residences

 

Parenting Plans and Custody Agreements

In many cases, parents can reach a mutually agreeable parenting plan through negotiation or mediation, avoiding a contested hearing. Ryan Putz helps parents draft parenting plans that are detailed, workable, and designed to minimize future conflict. When parents cannot agree, we are fully prepared to advocate for you in court.

 

Relocation and Geographic Restrictions - (Click Here for Blog Post on Relocation and Geographic Restrictions)

Texas custody orders typically include a geographic restriction limiting the child's primary residence to a specific county or adjacent counties. If you need to relocate outside that area, you must either obtain the other parent's agreement or seek a court order permitting the move. Conversely, if the other parent is attempting to relocate your child without authorization, we can take immediate action to enforce the geographic restriction.

 

Custody Modifications

If circumstances have changed significantly since your original custody order was entered — such as a parent's relocation, a change in the child's needs, or concerns about the child's safety — you may be able to seek a modification. We can evaluate whether the change in circumstances meets the legal threshold and guide you through the modification process in Walker County.