Board Certified Custody Attorneys

Texas Custody attorneys in Grapevine & Colleyville, TX

Nothing matters more than your relationship with your child. Our Board Certified attorneys have spent their careers in the Tarrant, Denton, and Dallas County family courts — protecting that relationship while keeping your stress as low as the situation allows.

Board Certified in Family Law

Tarrant • Denton • Dallas County Courts

Free Consultations - Every Case

What custody litigation really is

Protecting your rights and your relationship with your child

"Child custody litigation" is a legal action about the parent-child relationship. When custody is contested, you need attorneys who will protect your interests and your role in your child's life.

We litigate custody issues across every kind of case — divorce, paternity, modifications, suits affecting the parent-child relationship, CPS matters, enforcement, and collaborative (private) divorces. Every case starts with a free consultation so we can understand your goals for each of the issues below.

"Andrew Anderson, I do not know what I can say other than THANK YOU! You have been a life changer for me. I cannot thank you enough for all the hard work you and your team have done on my behalf. You are a class act, and I will never forget you and your team."

— Randy R, Family Law Client

Recognized among Texas's top family law attorneys

Rated a Texas Super Lawyer every year since 2011 · Fort Worth Magazine & 360West Top Attorneys · Board Certified in Family Law by the Texas Board of Legal Specialization

What gets decided

The five major issues in a Texas custody case

The emphasis shifts with the facts of each case, but nearly every custody matter turns on the same five issues. Expand on any one to see how Texas handles it.

1. Conservatorship (Parental Rights)

The Texas Family Code manages a child's life by appointing conservators — it does not "award custody." Conservatorship decides who makes the specialized decisions in a child's life: primary residence, education, and invasive non-emergency medical care.

All parents keep certain baseline rights and duties at all times — attending school activities, consulting teachers and doctors, and providing food, shelter, and clothing during their possession time. Those are rarely contested unless a parent-child relationship is being terminated. The fight is usually over the specialized rights, which a court can allocate four ways: independently by each parent, independently after consulting the other, by joint agreement, or exclusively to one parent.

Joint Managing Conservators (JMC)

The specialized rights are shared in some fashion. Texas law presumes JMC and it is ordered roughly 90% of the time unless good cause is shown otherwise. After naming JMC, a court can still assign specific exclusive rights to one parent.

Sole Managing Conservator (SMC)

One parent holds all the specialized rights. Courts order this rarely — usually only where there are facts involving family violence, drug use, parental alienation, or a parent's failure to make decisions in the child's best interest.

When conservators can't agree on schooling or how to handle a child's developmental needs, we draw on working relationships with therapists and mental-health professionals to build the case around your specific conservatorship goals.

2. Possession and access (parenting time)

Texas uses "possession" to describe each conservator's parenting time. To encourage frequent contact with both parents, the legislature adopted the Standard Possession Order (SPO) as the guideline starting point for when each parent has the child.

The SPO is presumed to be in the best interest of children age three and older. For a child under three, the court usually crafts a customized, "stair-stepped" schedule using the statutory factors. Courts can deviate from the SPO to protect a child or when it's simply unworkable — for example, ordering supervised visits where a parent is using illegal drugs, limited only to the extent necessary to protect the child.

Non-traditional schedules — common for doctors, nurses, police officers, firefighters, and pilots — can justify a tailored possession order. And parents are always encouraged to agree to their own deviations, from holiday traditions to religious days, as long as they serve the child's best interest.

The schedules below are an information-only summary of the current Standard Possession Order. They are not intended to interpret rights under an existing order you may already have.

  • 50 miles apart or less

  • 51 to 100 miles apart

  • over 100 miles apart

Weekends — 1st, 3rd & 5th Fridays

Default

Pickup when school lets out for the weekend; return when school resumes. When school's out, Friday 6 p.m. to Sunday 6 p.m.

Election

Friday 6 p.m. to Sunday 6 p.m.

Thursday is during the school term

Default

Pickup when school is dismissed Thursday; return when school resumes Friday.

Election

Thursday 6 p.m. to 8 p.m.

Summer — 30 days extended

Default

July 1 at 6 p.m. to July 31 at 6 p.m.

Election

Noncustodial parent chooses the dates with written notice by April 1; up to two periods of at least 7 consecutive days each, and it can't interfere with Father's Day time.

Holidays & other time

Alternating Spring Break and Thanksgiving, part of Christmas break each year, every Mother's/Father's Day, and time on the child's birthday. The custodial parent may claim one weekend during the summer period with written notice by April 15.

3. Child support

Parents owe a legal duty to support their children financially. Texas provides a guideline calculation that sets a presumed minimum, tied to the possession schedule. The guideline amount is often not enough to cover child care, extracurriculars, and the real costs of raising a child — so how support is calculated and argued matters.

To be enforceable, an order must state a specific dollar amount, not just a percentage of what the paying parent earns. We calculate support during your initial consultation, so it helps to gather income and support records ahead of time. A few terms that often come up: 

  • Temporary support — paid between filing and the final decree.
  • Retroactive support — support for a period before the order that is now legally due.
  • Arrearage — ordered support that went unpaid.
  • Enforcement — a suit to obtain a judgment for unpaid support and, potentially, penalties.
  • Obligor / Obligee — the parent who pays / the parent who receives.

Want a rough estimate now? The Texas Attorney General's monthly child support calculator is a helpful starting point. For a deeper look, switch to our Child Support page.

 

4. Health insurance and medical support

Medical support is what a parent pays toward a child's medical coverage — through employer insurance, reimbursement, or a government program — in addition to child support.

If the paying parent has employer coverage available at a "reasonable cost" (not more than 9% of annual gross income), the court will usually order them to keep the child on that policy. If not, the other parent may provide coverage and be reimbursed, or the court can order a private policy. Separately, the court sets each parent's share of uninsured expenses — co-pays, deductibles, prescriptions — often 50/50, but adjustable based on each parent's ability to pay.

5. Residency restriction

Because Texas encourages frequent contact with both parents, courts generally impose a residency restriction defining where the child's primary home can be — often the county of the issuing court, sometimes including contiguous counties.

This becomes a central issue in future modifications when a parent wants to move outside the restricted area. Getting the geography right at the outset — or challenging it later — takes an attorney who knows how your specific court tends to rule.

What to expect

How a Texas custody case moves

Every family is different, but most contested custody matters follow the same stages — whether custody is decided in a divorce or in a separate suit.

1

Filing

A suit affecting the parent-child relationship is opened — on its own or as part of a divorce, paternity, or modification case.

2

Temporary orders

The court sets interim conservatorship, a possession schedule, and support while the case is pending.

3

Investigation

Discovery, and where the facts call for it, an amicus attorney, custody evaluation, or input from mental-health professionals.

4

Mediation

A neutral mediator helps the parents try to agree on conservatorship and a schedule. Most cases resolve here.

5

Trial or Order

If unresolved, a judge decides on best-interest grounds. Otherwise the agreed order is signed and entered.

Courts decide every children's issue by one standard: the best interest of the child.

What people get wrong

Two things clients often misunderstand

Terminology

"Custody" isn't a Texas term

Clients naturally say "custody," but Texas law doesn't use that word. In a Texas courtroom, you describe your goals through conservatorship and possession. Using the court's own vocabulary keeps everyone focused on what the judge can actually order.

The child's voice

A child doesn't simply "choose"

A child 12 or older can tell the judge, in chambers, which parent they'd prefer as their primary residence—and, if requested, the judge must conduct that interview. But the child's wish is not binding; the court still decides based on the child's best interests. The interview is only available in a non-jury case, so a jury-trial request takes it off the table.

Common questions

Custody questions we hear most often

Straight answers to what people ask before they call. Have a different one? Ask us at your free consultation.

How does Texas decide child custody?

Texas uses the terms "conservatorship," which refers to a parent's rights and duties including decision-making, and "possession and access," which refers to parenting time, rather than the word "custody." In all decisions involving children, Texas courts are guided by the best interests of the child. Courts frequently appoint both parents as joint managing conservators, sharing rights and duties, though one parent is often given the exclusive right to determine the child's primary residence. Possession schedules set out when the child is with each parent. The specific arrangement depends on the family's circumstances, the child's needs, and each parent's situation, always centered on the child's best interests.

How is child support calculated in Texas?

Texas calculates guideline child support as a percentage of the paying parent's monthly "net resources." The standard guideline percentages are 20% for one child, 25% for two, 30% for three, 35% for four, and 40% for five or more children. These percentages apply to net resources up to a statutory cap. Notably, Texas bases the calculation only on the paying parent's income rather than combining both parents' incomes, which differs from many other states. Courts can deviate from the guideline amount when applying it strictly would be unjust or inappropriate, considering factors such as the child's specific needs, medical or educational costs, and the possession schedule.

What counts as "net resources" for child support?

Net resources include most sources of income, then subtract a limited set of deductions. Income counted can include wages, salary, overtime, tips, bonuses, commissions, self-employment income, rental income, interest, dividends, retirement income, Social Security benefits (excluding SSI), disability benefits, and unemployment benefits. Means-tested public assistance such as TANF, SSI, and SNAP is excluded. From that income, the court subtracts specific deductions: federal income tax calculated at the single-person rate, Social Security and Medicare taxes, union dues, and the cost of the child's health and dental insurance. Note that voluntary items like 401(k) contributions or a car payment are not deducted. The result is the net-resources figure the guideline percentages apply to.

Is there a cap on child support in Texas?

Yes. Guideline child support is applied only to the paying parent's net resources up to a statutory cap. Effective September 1, 2025, that cap increased from $9,200 to $11,700 per month—the first adjustment since 2019. At the current cap, the maximum guideline amount is $2,340 per month for one child. For a parent earning below the cap, the percentage simply applies to their actual net resources. Courts can order support above the guideline amount when a child has proven needs that exceed it, such as extraordinary medical or educational expenses. Existing orders do not change automatically when the cap rises; a parent must seek a modification through the court.

Does a new spouse's income affect child support?

No. Under Texas law, a new spouse's income cannot be counted when calculating child support. The court must exclude a spouse's resources, so remarrying does not by itself increase or decrease your child support obligation.

Does a 50/50 possession schedule eliminate child support?

Not necessarily. A common misconception is that equal parenting time automatically means no child support, but that is not how Texas works. Even with a roughly 50/50 possession schedule, a court may still order the higher-earning parent to pay support to the lower-earning parent. The goal is to help ensure the child enjoys a reasonably similar standard of living in both homes rather than a large gap between them. The amount may be reduced to reflect the shared time, but it is not automatically zero. As with all support questions, the specific outcome depends on the parents' incomes and the details of the arrangement.

Why Anderson Legal Group

Experience that changes outcomes

Custody is personal. You want an attorney you can talk to without feeling judged, who knows the judges and courts your case will actually be in.

Board Certified Attorneys

A credential fewer than 10% of Texas attorneys hold — proof of tested expertise in family law.

In court every week

Our attorneys spend much of their time in the DFW family courts, not just behind a desk.

Local court knowledge

Deep experience in Tarrant, Denton, and Dallas County courts — we know how your judge tends to rule.

Your attorneys

The team that will handle your case

Andrew J. Anderson

Board Certified, Family Law

Paul G. Daly

Board Certified, Family Law

Let's talk about your Custody situation

We'll sit down, listen to your objectives, and create a customized plan to accomplish them. The consultation is free.