Houston Child Custody Lawyer

Trusted & Dependable Child Custody Services

At every stage, our Houston custody lawyers prepare you thoroughly and provide responsive, one-on-one support. We guide you through documentation, prepare you for courtroom expectations—for example, the formal conduct required by Houston-area judges—and act promptly when emergency action is necessary. Since judges often require substantial supporting evidence, our team reads every document closely and helps collect critical records, witness statements, and clear parenting plans tailored to the issues common in Houston-area families. At Parchman Law Group P.L.L.C., our priority is making sure your voice is heard and your parental rights are strongly represented in every phase of the local child custody process.

Trusted & Dependable Child Custody Services

At Parchman Law Group, our Houston child custody attorney understands the significant impact family law cases can have on your life. That is why our Houston-based legal team offers individualized guidance and reliable representation at every stage of your divorce or custody case.

As a firm dedicated to serving Houston, The Woodlands, and surrounding communities, we bring a client-centered approach backed by deep local knowledge. Child custody cases in the Houston region often involve navigating Harris, Montgomery, and Fort Bend County courts, each with its own community context and court customs. This local insight allows our Houston custody attorneys to address specific challenges families face—including coordinating visitation during Houston ISD schedules or addressing disputes unique to our area’s diverse communities. Our practical, results-driven strategies are tailored to align with the local legal environment, giving you an advantage every step of the way.

Schedule a complimentary consultation today by calling (713) 364-0777. Our family law attorneys speak English and Farsi.

Types of Child Custody in Texas

In Texas, the two primary types of custody are sole custody and joint custody, terms officially referred to as "sole managing conservatorship" and "joint managing conservatorship" under Texas law. Sole custody means only one parent has legal or physical custody of the child, while joint custody means both parents share those responsibilities.

Legal custody grants the authority to make decisions about the child's upbringing, such as education, healthcare, religious practices, and extracurricular activities. Physical custody relates to the child’s day-to-day residence and who provides their daily care. Many families in Houston rely on their Houston child custody attorney to clarify these distinctions and develop custody arrangements that work in real life.

How Emergency & Temporary Custody Orders Work in Houston

In some cases, immediate legal action is needed to safeguard a child's well-being. Emergency or temporary custody orders, sometimes known as temporary restraining orders (TROs), are available through the Houston and Harris County family courts when danger or serious risks are alleged. If a parent believes their child is at risk, they can request a TRO or emergency custody order, usually on an ex parte basis—meaning a judge can issue a temporary order without the other parent present if proof of urgency exists. These orders provide immediate protection and are often followed by a formal hearing to determine the next steps. Our custody attorneys in Houston move swiftly to help parents file for emergency relief, ensuring evidence is robust and deadlines are met.

What Is the Role of Parenting Plans & Visitation Schedules in Houston?

Parenting plans and visitation (or possession) schedules are integral to every custody order in Houston courts. Local judges expect clear, thorough plans that address the specific needs of children—covering daily routines, special events, school calendars, transportation for exchanges, and provisions for conflict resolution. The Harris County Family Courts and other courts in the Houston area typically follow the Standard Possession Order but may adjust schedules for unique family circumstances, such as a parent’s work hours or a child’s school district. Our Houston child custody attorneys draft plans that anticipate potential points of conflict, ensure schedules are realistic, and prioritize your child’s well-being at all times.

What is Considered an Unstable Parent in Texas?

A parent can be found unfit by Texas courts if they have a history of domestic violence, abuse, substance abuse, neglect, criminal activity, parental alienation, unsanitary living conditions, or demonstrate ongoing instability. The standard for “unfit parent” status is high, and the court will weigh any past or present behaviors that may impact a child's safety and welfare. If you have concerns about the other parent, consulting a trusted custody attorney in Houston is essential.

Judges recognize that frequent moves, unsafe homes, or ongoing substance abuse can harm a child's well-being, triggering court intervention. Swift, accurate presentation of evidence can be critical when seeking emergency or long-term custody—an area where a skilled Houston child custody lawyer’s guidance is invaluable for local families.

While Texas law does not specifically define “fit parent,” courts presume both parents should share custody unless a judge finds substantial evidence to the contrary. If you believe your co-parent poses a risk to your child, working closely with a Houston custody attorney can help you build an informed, strategic approach to the court process.

Is Texas a Mother State for Custody?

No—Texas courts, including those in Houston, do not favor mothers over fathers or vice versa. The law expressly prohibits discrimination based on gender or marital status, ensuring a fair review of each parent's situation and relationship with the child. Houston judges follow Texas law closely, reminding families that custody decisions are always made in the best interest of the child—not based on outdated assumptions or biases.

The Best Interest of the Child Standard

According to Texas Statute § 153.002, courts are required to make custody decisions based solely on the child’s best interests. State law encourages both parents to maintain frequent, meaningful contact with their children whenever safe. However, the court must critically weigh any evidence of domestic violence, substance abuse, or other factors affecting the child's safety and future. 

Judges in Houston’s family courts consider a range of factors in these cases, including:

• The child's physical, mental, and emotional health needs
• The child’s relationship with siblings or other family members on either side
• Each parent's ability to provide a secure environment
• Both parents’ current health
• The willingness of each party to support the child's relationship with the other parent
• Each party’s level of involvement in the child’s daily life
• The existence and strength of each parent’s support network
• The child's preference, if 12 years old or older
• Any other factor the court finds relevant

Can a Child Choose Which Parent to Live with in Texas?

Texas law allows children aged 12 and older to express a preference about which parent they live with in custody cases. The family court judge may interview the child—typically in chambers or a private setting—to understand the child’s wishes regarding primary living arrangements and to whom legal and physical custody should be awarded. While your child’s voice is heard, it is critical to understand that the judge maintains discretion, ensuring that any decision still meets the child’s best interests.

Do Grandparents Have a Right to Custody in Texas?

The Texas Family Code allows grandparents to petition for managing conservatorship (custody) or visitation if they can demonstrate such an arrangement serves the child’s best interests. However, courts will only consider granting grandparent custody or access under specific circumstances, as outlined in Texas Family Code § 153.433. The bar for overriding parental rights is intentionally high, making the assistance of a knowledgeable Houston child custody lawyer extremely valuable in these cases.

Judges look for evidence that the grandparent plays an active role in school activities, care, or emotional support. Because parental rights are paramount, grandparents must clearly show—through documentation and persuasive argumentation—that their involvement serves the child’s health and happiness. Consulting with a Houston child custody attorney who understands local court processes is essential if you are considering this option.

For a grandparent to pursue custody, at least one of the child’s biological or adoptive parents must not have had termination of parent-child relationship rights at the time of petition.

Can Child Custody Agreements Be Modified in Texas?

A court-ordered child custody agreement in Texas, including those from the Harris County or Greater Houston Area family courts, may be modified if there has been a significant change in circumstances for either parent or the child. The parent seeking modification must convince the court that the proposed change is necessary and meets the child’s best interests. 

Situations leading to modification often include:

• Either party engaging in criminal activity or behaviors that place the child at risk (e.g., substance abuse)
• One parent relocating, potentially affecting school or community ties
• Emergence of a threat to the child’s physical or emotional safety
• Changes to the child's physical, emotional, or educational needs

In Houston, filing to modify a custody order begins in the original court that issued the decree. Petitioners need to compile compelling evidence of the material and substantial change. This might involve documenting job changes, new marriages, a child’s evolving needs, or a parent’s relocation that significantly affects routine and education. A Houston child custody lawyer can help evaluate your case, identify the proper documentation, and build a compelling argument tailored to the standards and expectations of local judges. Our team thoroughly assesses each client's unique situation and offers honest feedback about what to expect before and after filing for modification.

Reach Out to Our Child Custody Lawyers Today

At Parchman Law Group, we understand the complexities and sensitive nature of child custody cases in Texas. Our team of compassionate Houston child custody attorneys provides attentive legal counsel designed to protect your rights, uphold your child’s best interests, and support your long-term goals. We know that each family’s situation is different, so our approach is always personal and client-focused.

If you are currently facing a child custody issue in Houston and require legal guidance, contact us. Call us at (713) 364-0777 today to schedule an appointment.