Parents Can Rely On Our Friendswood Child Custody Attorney
At The Law Offices of Tad Nelson & Associates, our Friendswood child custody attorney is a skilled, experienced, and reliable advocate for parents. Going through a custody case is hard—even if you are on relatively good terms with your co-parent. It is generally not recommended to represent yourself in a family law case due to its complexity.
Our legal services can protect your rights. If you have any specific questions or concerns about child custody laws, we are here to help. Contact us today for a fully private, no-obligation initial consultation with a top-tier Texas family lawyer.
Your Relationship With Your Child Matters
For parents, one of the most challenging aspects of a divorce or separation is trying to work out a custody arrangement. Your relationship with your child matters. You must be able to find a solution that does right by your kid(s) while also protecting your parental rights.
Texas Does Not Technically Use the Term “Child Custody” (Conservatorship)
You will hear the term “child custody” used a lot in Texas. However, these are technically not the terms that are used in official court proceedings. Instead, refers to children as a “conservatorship.” A conservatorship defines a parent’s legal rights and responsibilities regarding the child’s care.
Courts in Texas favor some form of shared custody. In most cases, a joint managing conservatorship (JMC) will be granted. That means parents will share decision-making authority. However, a sole managing conservatorship (SMC) can also be granted to protect the child.
Sole Managing Conservatorship means that only one parent has legal custody and decision-making authority over the child. Notably, Texas also does not use the term “child visitation” in official legal proceedings. Instead, the law refers to it as “possession and access.” Possession refers to the time a parent spends with the child, while access includes the right to communicate and be involved in the child’s life.
In Texas, the Standard Possession Order (SPO) will typically outline a schedule for the noncustodial parent. Of course, parents can and often do, agree to a customized arrangement. Retaining knowledgeable legal counsel is essential for conservatorships and possession.
An Overview of the Best Interests of the Child Standard in Texas
How do family law courts in Texas resolve parental disputes over custody and visitation? The short answer is that the state uses the “best interests of the child” legal standard. During custody disputes, the court often considers various factors to determine the final custody agreement.
Courts prioritize the child’s well-being over parental preferences. It is a comprehensive standard. What is best for a child’s health, safety, well-being, and long-term development will determine custody and visitation rights.
In Texas, a child may need to spend at least 35 percent of the year with each parent for shared custody arrangements. Notably, courts in Texas can evaluate a wide range of different factors, including:
- The child’s emotional and physical needs (both present and future);
- Each parent’s ability to provide a stable home environment;
- The parental relationship with the child and past involvement in caregiving;
- The willingness of each parent to foster a healthy relationship with the other;
- The child’s wishes (if they are at least 12 years old or older);
- Any history of substance abuse or other dangerous criminal behavior; and
- Any history of abuse, neglect, or domestic violence.
Child Custody Tip: Parents who actively participate in their child’s daily life—such as attending school events, medical appointments, and extracurricular activities—are more likely to secure a favorable custody arrangement. Demonstrating consistent care, communication, and responsibility can strengthen your custody case.
A Conservatorship (Custody) Can Be Modified With a Substantial Change in Circumstances
Once an official child custody order/agreement is in place, it is presumed to be in the best interests of the child and it is legally enforceable. With that being said, a child custody arrangement is always subject to potential modification as long as the child is still a minor. The reality is that life brings changes that cannot always be anticipated ahead of time.
A conservatorship (custody) order in Texas can be modified if there is a substantial change in circumstances affecting the child’s well-being. For example, if a parent needs to relocate to take a new job, that could require a modification—potentially a major one—to the custody arrangement. There are two different ways to get a child custody modification in Texas:
- Agreement: If parents can mutually agree that a modification is needed and they can agree on how custody should be modified, Texas family law courts will generally give them considerable discretion to make the changes.
- Court Order: If parents cannot agree on a custody modification, a court order is required. The parent requesting the modification must prove that there has been a substantial and material change in circumstances and that the modification that they want is in the best interests of the child.
We Help Parents Work Towards Collaborative Solutions in Child Custody in Friendswood
You do not want to end up in a fight with your co-parent. Indeed, most people want to find a collaborative child custody solution that helps to provide the best, most stable environment for their child(ren). At The Law Offices of Tad Nelson & Associates, we strive to help parents find amicable solutions to custody and visitation cases.
Our Friendswood child custody lawyers have extensive experience with negotiation and mediation. At the same time, we are also always prepared to fight aggressively in court to protect your parental rights and the safety of your child.
We Have a Proven Record of Success in Custody Cases
Going through any type of legal case can be stressful—and we know that child custody cases are certainly no exception to the rule. With so much at stake, you need a lawyer who can deliver results. At The Law Offices of Tad Nelson & Associates, we are proud of our track record of success across a wide range of legal practice areas.
Our Friendswood child custody lawyers have the experience that you can rely on. You can hear it directly from our former clients:
- Tad and Amber were awesome. They made this whole process painless and easy. Communication was amazing. I never had to worry about what was going to happen because I knew I was being taken care of.” – Alexis
- Tad is an amazing attorney, and he has the experience and wisdom to save you money while courteously serving your legal needs. I highly recommend Tad and his exceptional staff for their professionalism and general amicability. Thank you so much Tad and Amber!” – Dean
- Tad and Amber are the best. I’m glad I made the decision to hire their Law Firm over my former attorney. I’m very happy with the service I received and I recommend them to anyone looking for a lawyer out in Galveston County.” – Laytana
Why Trust Our Friendswood Child Custody Lawyer
As a divorced or separated parent, going through any type of child custody case can be challenging. A lot of different issues can arise. You must have a reliable and experienced advocate on your side.
At The Law Offices of Tad Nelson & Associates, we put our clients first. Our law firm is proactive and understands the importance of personalized advocacy. When you connect with us, you will have a chance to work with a Friendswood child custody attorney who can:
- Hear your story and answer questions about the family law process;
- Gather evidence to help you prove you can provide the best environment for your child;
- Represent you in any legal and physical custody settlement negotiations with your spouse/co-parent; and
- Develop a comprehensive strategy driven to get the best outcome for your custody case.
Child Custody Law in Friendswood, TX: Frequently Asked Questions (FAQs)
Do I Need an Attorney for a Child Custody Dispute?
You are not required by law to hire a child custody lawyer, but you can benefit from professional legal representation. Among other things, a lawyer will help you build a strong case, negotiate fair terms, and protect your parental rights. In custody disputes, parents may not need to go to court if they can work out an agreement through mediation. Mediation is an informal procedure where parties work with a trained mediator to resolve custody disputes. Mediation is often a successful tool for parents to resolve their disputes early and with less expense than through litigation. Your Friendswood, TX child custody lawyer will develop a strategy that is best suited for your specific situation.
What Traits Should I Look for in a Friendwood, TX Child Custody Lawyer?
Knowledge, skill, experience, and a devotion to personalized advocacy. Child custody cases are highly fact-specific. You need family law attorneys who will invest time and resources into handling your case the right way. A great custody lawyer should also communicate clearly and focus on what’s best for your child.
What Does Conservatorship Mean in a Child Custody Case in Texas?
Texas technically does not use the term “child custody” in official family law proceedings. Instead, the term “conservatorship” is used. Conservatorship in Texas refers to the legal rights and responsibilities of a parent in a custody case. There are two types: joint managing conservatorship (where both parents share decision-making) and sole managing conservatorship (where one parent has primary authority).
Do Mothers Always Get Primary Custody?
No. Mothers do not always get primary child custody in Texas. Quite the contrary, Texas law does not automatically favor mothers in custody cases. Courts determine custody based on the child’s best interests, considering factors like parental involvement, stability, and the child’s needs. Both parents have equal rights under the law. Fathers can seek shared custody or even sole custody.
Is Joint Custody Favored in Texas?
Yes. In Texas, it is presumed to be best for children to have a positive relationship with both parents. Texas courts prefer joint managing conservatorship whenever possible because it allows both parents to stay involved in their child’s life. However, joint custody does not always mean equal parenting time—it refers to shared decision-making responsibilities.
What is the Best Interests of the Child Standard in Texas?
Texas is in the best interests of the child state. The best interests of the child standard are the guiding principle in Texas child custody cases. Courts consider factors such as the child’s emotional and physical needs, each parent’s ability to provide stability, and the child’s relationship with both parents. The goal is to create a custody arrangement that promotes the child’s well-being.
Is it Possible to Modify a Child Custody Arrangement in Texas?
Yes. With that being said, a parent who wants a modification must prove that there has been a substantial and material change in circumstances. Some examples include a parent’s relocation, changes in the child’s needs, or evidence of harm or neglect. The parent requesting the modification must show that the change is in the child’s best interests.
What Factors Can Hurt My Chances of Getting Custody of a Child in Friendswood?
Anything that shows that you may not be able to provide a safe, stable home can hurt you in a custody case. Remember, Texas courts prioritize the child’s best interests. Common negative factors include things like a history of abuse, substance abuse, neglect, or failing to co-parent can hurt your case. A lack of stability, frequent job changes, or moving often may also be a concern. Courts prefer parents who show responsibility, involvement, and a willingness to support the child.
Can a Child Decide Which Parent to Live With in Texas After a Divorce or Separation?
The child does not have the power to decide on his or her own. With that being said, Texas allows children 12 years of age and older to express their preferences regarding their living circumstances. Still, the judge makes the final decision based on the child’s best interests. The family law court will consider the child’s reasoning as well as many other factors.
Can I Move Out of State with My Child After a Divorce?
It depends. If you have a custody order in place, you typically need the other parent’s consent or court approval to move out of state. Texas courts prioritize keeping both parents involved—so relocation is only approved if it serves the child’s best interests. If the other parent objects, the court will hold a hearing to decide what should happen next. These can be complicated cases.
Contact Our Friendswood Child Custody Attorney Today
At The Law Offices of Tad Nelson & Associates, our Friendswood child custody lawyer invests time, resources, and personalized attention into every case. We are always ready to go the extra mile to do right by our clients. The process of hiring a lawyer typically involves a consultation, signing a contract, and paying a retainer fee.
Give us a call now or contact us online for your fully private, no-cost consultation. We provide child custody and child support representation in Friendswood, Galveston County, Harris County, and throughout all of Southeast Texas. If you’re dealing with a family law issue, we are more than ready to offer legal assistance for your family law matters.