Custody cases are some of the most important – and emotionally charged – aspects of family law. In Texas, courts are guided by the principle of what is in the best interests of the child, a standard that prioritizes a child’s emotional, physical, and developmental needs above all else.
However, while this principle is designed to safeguard children, it doesn’t always align with what each parent wants or believes is fair. In fact, custody decisions can sometimes feel at odds with a parent’s own goals, desires, or sense of justice, especially in high-conflict cases. The legal process can quickly become complex when each party has a different vision of what is “best” for their child.
At Melone Hatley, P.C., our Laredo child custody attorneys are committed to providing experienced and compassionate legal support to parents facing complex custody decisions. Whether you are seeking joint conservatorship or dealing with enforcement issues, our team is here to support you every step of the way.
How Custody Works Under Texas Law
When parents separate or divorce in Texas, determining how to share the rights and responsibilities of raising their child will become one of the most important decisions they will face. The Texas family court system encourages cooperation between both parents whenever possible, as children benefit most from stability and meaningful relationships with both parents.
The ideal scenario is one in which parents negotiate a parenting plan, including everything from the child’s living arrangements to how decisions will be made regarding their healthcare, education, and extracurricular activities. Once agreed upon, the plan will be submitted to the court for review and approval. As long as the plan is determined to serve the child’s best interests, the court will generally approve it and convert it into a legally binding order.
However, not all situations allow for mutual agreement. In high-conflict situations or when there are concerns about safety, a judge must step in and determine a custody arrangement. This decision is not about what’s most convenient or preferable for parents but about protecting the child’s emotional and physical well-being.
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Custody Terminology in Texas
In Texas, custody is legally referred to using two distinct but interrelated terms:
- Conservatorship defines the legal rights and duties of a parent, including the right to make decisions regarding educational, medical, and religious upbringing.
- Possession and access refer to the actual time a parent spends with their child and their right to maintain contact.
While these terms may differ from the familiar “custody’ and “visitation” used in other states, they serve a similar purpose in establishing each parent’s role.
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Understanding Conservatorship
Texas law presumes that children benefit from having both parents involved in legal decisions, but involvement must also reflect the child’s safety and well-being. In Texas, conservatorship defines a parent’s legal rights and responsibilities toward their child. Custody law distinguishes between managing conservators, who make decisions for the child, and possessory conservators, who may have limited authority over making major decisions but are granted authorized parenting time.
Joint Managing Conservatorship
Under a Joint Managing Conservatorship, both parents share the right to make major decisions for their child. This arrangement is favored by Texas courts, encouraging co-parenting and ongoing parental involvement.
Equal decision-making does not necessarily mean equal parenting time, however. One parent may still be named the primary conservator, with the right to determine the child’s primary residence and receive child support.
Sole Managing Conservatorship
Shared decision-making is not always possible. One parent may be named sole managing conservator, with the sole right to make important decisions for the child, particularly in cases where there is a documented history of
- Domestic violence or abuse
- Neglect or abandonment
- Substance abuse
- Serious mental health issues
Even in these cases, the other parent may be given possessory conservatorship, allowing for limited, supervised, or structured visitation.
Possessory Conservatorship
The possessory conservator is typically the parent who does not have primary decision-making authority but still retains parenting time and basic parental rights. While this parent may not make final decisions for the child, they are still involved in the child’s life and may participate in parenting time as outlined in the possession schedule.
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What Do Judges Consider in Child Custody Cases in Texas?
When parents can’t agree on a custody arrangement, the decision is left to the court. Because these decisions are guided by what is in the child’s best interests, the court will evaluate:
- The emotional and physical needs of the child
- Each parent’s ability to provide a stable environment
- Parental involvement in the child’s education and healthcare
- The child’s relationship with each parent
- Any history of domestic violence, neglect, or substance abuse
- The geographic proximity of both parents
- The ability of each parent to co-parent cooperatively
Ultimately, no single factor determines the outcome of a custody case. Judges weigh all the evidence and circumstances to create an arrangement that supports the child’s well-being now and in the future.
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Possession and Access: Parenting Time in Texas
In Texas, the legal concepts of possession and access replace what many other states refer to as physical custody and visitation. While this terminology may differ, the purpose is to determine how parenting time is shared between the child’s parents and outline when each parent will spend time with their child, as well as the rights each will have in their involvement in the child’s life.
Possession
Possession refers to the actual time a parent has the child in their physical care. It covers where the child will reside and who is responsible for their day-to-day care during that time.
Texas courts generally issue a possession order as part of a custody matter that outlines a schedule for sharing parenting time, aiming to provide children with consistency while maintaining meaningful contact with both parents. Some types of possession orders include
- Standard Possession Order, which is the default schedule often used by the courts
- Expanded Standard Possession Order, building on the standard order
- 50/50 Possession for parents who live relatively close to each other
- Modified or Custom Possession Orders
Access
Access refers to a parent’s right to interact with their child outside of scheduled physical possession. This includes the right to
- Make phone or video calls
- Receive updates on school and medical matters
- Attend extracurricular activities and special events
- Communicate regularly, even when not physically present
Access helps preserve the emotional connection between parent and child, especially when one parent has limited or long-distance possession. This also ensures that both parents remain informed and involved in the child’s life, even when they are not the managing conservator.
Special Considerations: Domestic Violence, Neglect, or Substance Abuse
While Texas family courts typically favor arrangements that allow both parents to remain active in their child’s life, that presumption changes when there are serious concerns about a child’s safety or well-being. If there is a history of domestic violence, child abuse, neglect, or substance abuse, the court may limit or deny certain parental rights to protect the child.
When Joint Conservatorship is Not in the Child’s Best Interests
In most custody cases, Texas law presumes that naming both parents as joint managing conservators is in the best interests of the child. However, this presumption is rebuttable, meaning it can be overturned with sufficient evidence that one parent poses a danger to the child’s physical or emotional health.
A parent seeking sole managing conservatorship must present clear evidence of misconduct or unsafe conditions, such as:
- Police or arrest reports related to domestic violence or child endangerment
- Medical records documenting injuries or neglect
- Photographic or video evidence of unsafe home environments
- Testimony from therapists, school officials, or child protection professionals
- Evidence of substance abuse or intoxication while caring for the child
- Protective orders or past involvement with Child Protective Services
The court will evaluate this evidence, and if it is supported, the judge may decide to grant sole managing conservatorship to the non-offending parent and limit the offending parent’s access to supervised or restricted visitation.
Enforcing a Custody Order in Laredo
Even with a clearly defined custody order in place, compliance is not always guaranteed. Whether due to ongoing conflict or outright defiance, some parents may refuse to follow the terms of a court-ordered custody arrangement. When that happens, the other parent has the right to seek enforcement.
Some common violations that could warrant enforcement include:
- Refusing to return the child after scheduled parenting time
- Consistently denying visitation to the other parent without legal cause
- Unlawfully relocating with the child without court permission
- Making major decisions such as changing school or medical care without joint authority
- Interfering with communication between the child and other parent
- Creating unsafe environments or violating supervised visitation rules
These violations can disrupt the child’s routine, cause emotional harm, and erode co-parenting trust. Texas courts take these matters seriously, particularly if the child’s safety, stability, or emotional well-being is at risk.
Speak With a Laredo Child Custody Attorney Today
Child custody cases are rarely easy, but with the right legal guidance, they don’t have to be overwhelming. Whether you are seeking to establish a fair parenting plan, protect your child from an unsafe situation, or enforce a custody order, the experienced family law team at Melone Hatley, P.C. is here to help. We are here to create a strategy that protects your parental rights and puts your child’s well-being first. Call our Laredo office today at 956-691-0005 or schedule a free consultation with one of our Client Services Coordinators online.
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