McKinney Child Custody Lawyer
Child Custody Attorney in McKinney, TX
A custody battle can be detrimental not only to you and the child involved but also to your livelihood. Child custody cases can be overwhelming and time-consuming, depending on their complexity. No matter how complicated your desired custody arrangement is, a skilled McKinney child custody lawyer can help you pursue the outcome you and your family deserve.
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Child Custody Laws in Texas
The statutes surrounding child custody in Texas are outlined in the Texas Family Code. When entering a child custody case, it is important to be familiar with the relevant legislation as it applies to your situation. A skilled Texas child custody lawyer can assist you in navigating the intricacies of your unique custody case.
Conservatorship
Chapter 153 of the Texas Family Code determines the conservatorship and possession rights of parents in child custody cases. In McKinney, child custody cases are handled by the Collin County District Courts.
Child custody is legally referred to as a conservatorship in Texas. In most cases, the conservator(s) are one or both parents. Texas generally utilizes Joint Managing Conservators (JMC), allowing parents to share decision-making responsibilities regarding the child. This involves choices about education, medical treatment, and the child’s general welfare.
Usually, one parent is appointed as the primary conservator, establishing the child’s residence as that parent’s address. A Sole Managing Conservatorship (SMC) may also be ordered if one parent is deemed unfit, or if a JMC would not serve the best interest of the child. Conservatorship determines parental rights and decision-making authority. In addition, possession and access determine the physical custody schedule.
Possession
Possession, or the physical custody of the child, is determined separately. In many cases, Texas courts apply a Standard Possession Order (SPO). An SPO is a default custody agreement assigning the non-primary conservator visitation with the child. These default schedules are determined by a 50-mile or less, 51-100-mile, and 100+ mile radius. An SPO is only issued if it is believed to be in the best interest of the child.
2025 Three Strikes Law
In 2025, the Texas Senate passed Bill 2794 into effect. This bill imposes a new three strikes law regarding child custody and specifically interference with visitation. Interference includes not allowing another parent to see the child, refusing to return a child, or manipulating a child into leaving. After a third offense against the court-ordered custody agreement, the offender may receive a felony charge with jail time.
Do I Need to Hire a Child Custody Lawyer in Texas?
It is not legally required in Texas to hire a child custody lawyer. However, it’s important to seek legal counsel for custody cases. Even when a custody agreement seems simple at first, things can change quickly. Something as small as a disagreement or a missed deadline can change the entire landscape of your custody case.
Representing yourself is an option, but without a full comprehension of Texas’s complex child custody laws, you may not be able to reach your desired agreement. When representing yourself, you are held to the same standard as an attorney, making it particularly difficult to defend yourself in these deeply personal cases.
If there are safety concerns, relocation issues, or concerns about possible alienation, a child custody lawyer can be an invaluable asset for your case. In 2023, 59% of all AMBER Alerts were issued due to an abduction by a family member. To protect what matters most, you need the help of an experienced McKinney child custody lawyer.
About Cruz Arevalo, P.C., Family Law Attorneys
At Cruz Arevalo, P.C., our team consists of dedicated child custody lawyers ready to provide you with experienced legal counsel. Our primary focus is family law, making us equipped to handle even the most complex custody arrangements. No matter your situation, the right lawyer can make a difference by crafting a solution uniquely suited to your needs.
As a woman-led law firm, we know how important maintaining a healthy family dynamic can be. Don’t hesitate to explore your options with one of our knowledgeable family law attorneys today.
FAQs
How Much Does a Lawyer Cost for Child Custody in Texas?
A child custody lawyer’s fees depend on many factors in the case. Simple, uncontested custody agreements may only require minimal assistance from an attorney. On the other hand, complicated custody cases require more litigation, time spent in court, and significant legal counsel. To find out how much your custody case may cost, contact a lawyer for an in-depth consultation.
What Is the Biggest Mistake in a Custody Battle?
During a custody battle, it is of utmost importance to maintain a professional and composed demeanor. When anger or feelings of revenge begin to take precedence over the child’s best interests, a judge will likely view the conduct negatively. Unbecoming conduct that is frowned upon in child custody cases may include badmouthing the other parent, failing to heed court orders, and posting negatively about the child’s other parent on social media.
Who Wins Most Custody Cases?
The laws regarding child custody in Texas do not indicate a preference for mothers or fathers regarding custody agreements. However, Texan fathers receive just 33% of the child’s time on average. Whether you are a father or a mother seeking more custody, a skilled attorney may help you pursue the arrangement that suits the interests of your child.
What Is the Best Interest Standard in a Child Custody Case?
In Texas, the standard of serving a child’s best interests in court stems from the precedential Texas Supreme Court case Holley v. Adams. Courts evaluate all aspects of a child’s life, known in these cases as Holley factors. This includes the child’s physical and emotional needs, desires, stability, and safety
Custody Battle in McKinney? Contact the Team at Cruz Arevalo, P.C.
Dealing with custody issues involving your child can be overwhelming and scary. That’s why you need a trustworthy advocate on your side to help you sort through these difficult legal issues. Contact the team at Cruz Arevalo, P.C. today to discuss your case, and let us help give you some peace of mind when it comes to you and your family’s well-being.
