Your Role in Their Life Is Worth Fighting For
Losing time with your children is one of the most frightening things a parent can face. At Wincorn & Associates, our Dallas custody attorneys help you understand how Texas courts decide custody — and build the strongest possible case for your family.
How Texas Child Custody Law Actually Works
Texas law uses the term "conservatorship" instead of "custody," and understanding the difference matters. A conservatorship order determines who makes decisions for your child and how parenting time — called a possession schedule — is divided between parents.
Managing Conservatorship
Managing conservatorship covers the right to make major decisions about your child's education, healthcare, and religious upbringing. Courts most commonly award joint managing conservatorship, meaning both parents share these rights. One parent is typically named the primary conservator — the parent with whom the child primarily lives.
Possessory Conservatorship
Possessory conservatorship defines the possession schedule: when the child is with each parent. Texas courts start from a standard possession order as a baseline, but schedules can be customized based on work schedules, the child's age, school location, and other practical factors.
The Best Interest of the Child Standard
Every custody decision in Texas is guided by one overriding question: what arrangement serves the best interest of the child? Courts weigh factors including each parent's relationship with the child, the child's current routine and stability, each parent's ability to meet the child's physical and emotional needs, and any history of family violence or substance abuse.
Parenting Plans
A parenting plan is the written agreement — or court order — that sets out how conservatorship and the possession schedule will work day to day. A well-built parenting plan reduces conflict and gives both parents clarity. We help you draft one that reflects your child's needs and your role in their life.
Custody Modifications
Circumstances change. If your current custody order no longer fits your family's situation — because of a move, a change in work schedules, a change in the child's needs, or a significant change in either parent's circumstances — we can petition the court to modify the order. Texas courts will consider a modification when there has been a material and substantial change in circumstances since the original order was entered.
What Texas Courts Look at When Deciding Custody
When a judge evaluates what arrangement serves the best interest of the child, they consider a range of factors. Understanding these factors is the foundation of building your case.
Courts commonly consider:
- The emotional bond between the child and each parent
- Each parent's ability to provide a stable, safe home environment
- The child's current school, community, and daily routines
- Each parent's willingness to support the child's relationship with the other parent
- The child's own preferences, depending on age and maturity
- Any history of family violence, abuse, or neglect
- Each parent's physical and mental health
We help you document and present the facts that support your role in your child's life — clearly, completely, and in a format courts respond to.
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Texas Courts Expect Both Parents to Stay Involved
Many parents fear that going to court means risking everything. The reality is that Texas law starts from the position that children benefit from a meaningful relationship with both parents. Courts are not looking for a reason to cut one parent out — they are looking for the arrangement that gives the child the most stable, supported life.
That said, your rights do not protect themselves. If the other parent is seeking to limit your time, making false claims, or pushing for an arrangement that does not reflect your relationship with your child, you need an attorney who will put the evidence in front of the court and advocate for what your child actually needs.
Custody Modifications: When the Order Needs to Change
A custody order issued two years ago may not reflect your family's life today. Texas courts allow modifications when a parent can show a material and substantial change in circumstances — and that the proposed change serves the child's best interest.
Common reasons parents seek modifications include:
- A parent relocating to a new city or state
- A significant change in a parent's work schedule
- The child's needs changing as they get older
- Concerns about the child's safety or wellbeing in the current arrangement
- A parent failing to follow the existing order
We handle custody modifications across the DFW area, including clients in Dallas, Richardson, Garland, Arlington, and surrounding communities. If your situation has changed, we can evaluate whether a modification is the right step.
Why Families in DFW Choose Wincorn & Associates
We serve families across Dallas and Tarrant counties from two offices — one in Richardson and one in Arlington — so you are never far from in-person support when it matters most.
- 145+ Google reviews from families who trusted us during some of the hardest moments of their lives
- Bilingual and multilingual staff serving clients in Arabic, Vietnamese, Mandarin, and Spanish
- Two DFW office locations — Richardson/Dallas and Arlington — covering both counties
- Plain-language communication so you always understand where your case stands
- Paralegal-supported model that keeps your case moving without unnecessary delays
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Frequently Asked Questions About Child Custody in Texas
How is child custody decided in Texas?
Texas courts use the best interest of the child standard to decide all custody matters. Judges consider the emotional bond between the child and each parent, each parent's ability to provide stability and safety, the child's current routine, and other relevant factors. Courts generally favor arrangements that allow both parents to remain meaningfully involved in the child's life.What is the difference between conservatorship and custody in Texas?
Texas uses "conservatorship" to describe what most people call custody. Managing conservatorship covers decision-making rights — such as choices about education and healthcare. Possessory conservatorship covers the possession schedule, meaning when the child physically stays with each parent.Can I get custody if I was not married to the other parent?
Yes. Marital status does not determine custody rights in Texas. If paternity has been established, an unmarried father has the same right to seek conservatorship and a possession schedule as a married parent. We can walk you through what establishing or asserting parental rights looks like in your situation.How do I modify a child custody order in Texas?
To modify an existing custody order, you must show the court that there has been a material and substantial change in circumstances since the original order was entered, and that the proposed modification serves the child's best interest. Common grounds include a parent's relocation, a significant change in work schedule, or a change in the child's needs. An attorney can help you evaluate whether your situation qualifies.How long does a child custody case take in Texas?
Timeline varies depending on whether both parents can reach an agreement or whether the case goes to trial. An uncontested custody arrangement can be finalized in a matter of weeks. A contested custody case that requires a hearing or trial can take several months. We work to resolve cases as efficiently as possible while making sure your rights are fully protected.
Speak with a DFW Child Custody Lawyer Today
You should not have to navigate this alone. Whether you are facing a new custody dispute, trying to enforce an existing order, or seeking a modification, we are here to help you understand your options and fight for your time with your children. Call our Dallas office at 214-630-1221 or our Arlington office at 817-795-0202, or schedule a free consultation online.