Fulshear Child Custody Lawyers

What Clients Have to Say

“Bolton Law Firm was a lifesaver during my son’s custody case. Attorney Greer was compassionate, patient, and always had my son’s best interest at heart. He fought for my son’s rights. I’m forever grateful.” – Vernice A. 

“From start to finish, they went above and beyond to help us with our child custody case, which involved false allegations. Kassandra was incredible. She took the time to explain everything clearly and made sure we understood each step of the process. Attorney Greer was not only highly knowledgeable but also compassionate and genuinely cared about our situation. Both are true experts in their field and deeply dedicated to their clients.” – David A. 

How Custody Works in Texas: Conservatorship Explained

Texas law does not use the word "custody" in court orders. Instead, it divides parental responsibility into two parts. Conservatorship covers the legal rights and duties of a parent, such as making decisions about education, medical care, and where the child lives. Possession and access covers the physical schedule, meaning when each parent has time with the child.

Texas courts begin with the presumption that both parents should share in raising their child. In most cases, parents are named joint managing conservators, though that does not always mean equal time. The specific rights, duties, and schedule are what the case is about.

Custody Matters We Handle

Our team represents parents and families across a full range of Texas custody situations, including:

• Conservatorship and possession in divorce cases
• Custody disputes between unmarried parents
• Modifications to existing custody and support orders
• Relocation and move-away disputes
• Enforcement when the other parent violates an order
• Custody sought by grandparents or other nonparents
• Child support tied to possession and conservatorship

Types of Conservatorship

Texas recognizes a few different conservatorship arrangements depending on the family's circumstances.

• Joint Managing Conservatorship. Both parents share rights and duties, though not necessarily equally. One parent is usually given the exclusive right to decide the child's primary residence, sometimes within a defined geographic area. This is the most common arrangement.
• Sole Managing Conservatorship. One parent holds the major decision-making rights alone. Courts award this when shared decision-making is not in the child's interest, often in cases involving family violence, substance abuse, neglect, or a parent's absence from the child's life.
• Possessory Conservatorship. A parent who is not named managing conservator may still have defined rights and a possession schedule. This allows a parent to remain involved even when the other parent holds primary decision-making authority.

Possession and Access Schedules

The possession schedule sets out exactly when each parent has the child. Texas provides a Standard Possession Order that many cases follow, often addressing weekends, weekday periods, holidays, school breaks, and extended summer possession, depending on the order and the parents’ distance from one another.

The standard schedule is a starting point, not a requirement. Parents can agree to a customized arrangement that fits work schedules, school, and the child's needs, and courts will often approve a reasonable agreement. When parents cannot agree, the court sets the schedule.

How Texas Courts Decide Custody

What standard does a judge actually apply? Every custody decision in Texas turns on one question: what is in the best interest of the child. Judges weigh a range of factors to answer it, including:

• The child's emotional and physical needs, now and in the future
• Each parent's ability to provide a stable home
• The parenting abilities of each parent
• Any history of family violence, abuse, or neglect
• The stability of each home environment

A child's own wishes can also matter. In Texas, a child 12 or older may tell the judge their preference about which parent has the right to decide their primary residence, though the judge is not required to follow it.

Modifying an Existing Custody Order