Child Custody & Conservatorship: 10 Questions Every Dallas Parent Should Ask

1. How is the child's best interest decided in Dallas?

Dallas County family courts apply the Holley factors set by the Texas Supreme Court in Holley v. Adams and codified into Chapter 153. Judges weigh the child's emotional and physical needs (present and future), each parent's parenting ability, home stability, any risk of emotional or physical danger, and, for older children, the child's stated preference.

2. What is the difference between Joint and Sole Managing Conservatorship?

Joint Managing Conservatorship (JMC) is the Texas default — both parents share rights and duties such as education and healthcare decisions, even if the child lives primarily with one parent.

Sole Managing Conservatorship (SMC) is awarded only when the record shows family violence, neglect, substance abuse, or that JMC is not in the child's best interest.

3. What is a Standard Possession Order (SPO)?

The Standard Possession Order under Texas Family Code §153.312 is the default schedule for non-custodial parents — typically first, third, and fifth weekends, alternating holidays, and 30 days in the summer.

4. Can a 12-year-old choose which parent to live with?

No. A child under 18 does not choose. Once a child turns 12, either party may request that the judge interview the child in chambers about their preferences. The judge weighs the child's wishes but decides based on the best-interest standard.

5. How do I modify a custody order in Dallas County?

File a Suit Affecting the Parent-Child Relationship (SAPCR) for modification. You must show a material and substantial change in circumstances — for example a relocation, a change in a parent's work schedule, or a shift in the child's needs — and that the modification is in the child's best interest.

6. Can I move out of Dallas County with my child?

Most Dallas County orders include a geographic restriction limiting the child's primary residence to Dallas County and contiguous counties (Collin, Denton, Tarrant, Kaufman, Ellis, Rockwall). To move outside, you need written consent from the other parent or a court order.

7. What is Expanded Standard Possession?

Expanded Standard Possession lengthens the SPO by extending weekend visits from Thursday after school to Monday morning drop-off and adjusting other periods. It is available under Family Code §153.317 on request when the non-primary parent lives within 50 miles of the child's residence.

8. How does child support work with 50/50 custody?

Texas does not automatically offset support in 50/50 arrangements. Dallas County judges may approve an offset order in which the higher-earning parent pays the difference between each parent's guideline obligation, so the child enjoys a similar standard of living in both homes.

9. What if a parent refuses to return the child?

You can file a Motion for Enforcement, and in urgent cases a Writ of Habeas Corpus, which directs law enforcement to assist in the immediate return of the child. Severe violations can lead to contempt or criminal charges for interference with child custody.

10. How do I prove the other parent is unfit?

Courts require reliable, admissible evidence. That typically means certified criminal records, documented substance abuse or failed drug tests, medical or therapy records reflecting neglect, and testimony from a court-appointed child custody evaluator or amicus attorney.