Dallas Child Custody & Conservatorship Attorney

How Texas Custody (Conservatorship) Works

Texas Family Code Chapter 153 uses "conservatorship" for what other states call custody. There are two types: Managing Conservatorship (usually the legal-rights framework — decisions about education, medical care, residence) and Possessory Conservatorship (the parenting-time framework).

The court begins with the presumption that both parents will be appointed Joint Managing Conservators (§153.131). One parent is designated the conservator with the exclusive right to determine the child's primary residence — this is what most parents mean when they say "primary custody."

In Dallas County, JMC orders often include a geographic restriction (§153.001) keeping the child in Dallas County or contiguous counties unless the parents agree otherwise. Lifting the restriction to allow a move is one of the most common modification issues.

The Standard Possession Order Explained

The Standard Possession Order (SPO) at §§153.311-.317 is the default parenting schedule for the non-primary parent when the child is age three or older. It includes: first, third, and fifth weekends from Friday to Sunday (or Thursday to Monday under the Expanded SPO); Thursday evenings during the school year; extended summer possession (30 days by default); and an alternating holiday schedule (Thanksgiving in even years, Christmas split by mid-Christmas).

The Expanded SPO (elections available under §153.317) can convert Friday pickups to Thursday-after-school and Sunday drop-offs to Monday-morning-at-school, effectively giving the non-primary parent about 45% of overnights.

For children under three, the SPO does not apply automatically — the court crafts a schedule under §153.254 based on caretaking history, attachment, and practical considerations like breastfeeding.

Our Bilingual Approach at Garcia-Windsor, P.C.

At Garcia-Windsor, P.C., every child custody case is led personally by founding attorney Isabela A. Garcia. Isabela is Board of Legal Specialization-eligible family law counsel, a Super Lawyers Rising Star for family law in Dallas, and one of the Top 50 Women Leaders in Texas. She serves as the exclusive consulting attorney for the Mexican Consulate General of Dallas through the PALE program (Programa de Asistencia Jurídica a Personas Mexicanas).

We are fully bilingual — English and Spanish — from the first phone call through the final decree. That matters when a spouse, child, or key document lives on the other side of the border. Our office is in the Bishop Arts District at 1015 N Bishop Ave, Dallas, TX 75208; consultations are free and we respond to every inquiry within one business day.

We represent clients across Dallas County, Tarrant County, Collin County, Denton County, Ellis County, Kaufman County, and Rockwall County and appear regularly in the 254th, 255th, 256th, 301st, 302nd, 303rd, 304th, and 305th Judicial District Courts of Dallas County, filed through the Dallas County District Clerk at the George Allen Sr. Courts Building, 600 Commerce Street, Dallas, TX 75202.

Best-Interest Factors Dallas Judges Weigh

The Texas Supreme Court's Holley v. Adams (544 S.W.2d 367) factors remain the leading framework: (1) the child's desires (if 12 or older, §153.009 requires the judge to interview the child in chambers on request); (2) emotional and physical needs; (3) any danger to the child; (4) parental abilities; (5) programs available to assist each parent; (6) plans for the child; (7) stability of the home; (8) any acts or omissions of the parent that suggest the existing relationship is improper; and (9) any excuse for such acts or omissions.

A finding of family violence under §153.004 within the two years before filing rebuts the JMC presumption and can eliminate or supervise a parent's possession.

The court may — and in contested cases usually does — appoint an amicus attorney or a Guardian ad Litem to investigate and report to the court on best-interest issues (§§107.0021, 107.001).

International & Cross-Border Custody

The Uniform Child Custody Jurisdiction and Enforcement Act (Chapter 152) governs which state or country has jurisdiction. "Home state" is where the child lived for six months immediately before filing. Texas courts enforce out-of-state and Hague-signatory country orders.

For Mexico specifically — the largest source of cross-border cases in Dallas — the Hague Convention on the Civil Aspects of International Child Abduction applies. A parent who removes a child to Mexico without consent may face a Hague petition for return. Isabela's role as consulting attorney for the Mexican Consulate makes this a routine part of our practice.

Practical tip: if you fear your child may be taken abroad, ask the court for a passport-surrender order and a Prevent Departure order through the State Department's Children's Passport Issuance Alert Program (CPIAP).

When to Call a Dallas Custody Attorney

Call before your spouse files. Being the petitioner rather than the respondent has real strategic value — you file where you live, you choose the mediator, and you set the initial narrative.

Call before you sign any "informal" agreement — even one your co-parent wrote on a napkin. Written informal agreements can create factual admissions that constrain your options later.

Call immediately if you fear your child may be taken to another state or country. Consultations are free — call 214-466-6699.