Sherman Child Custody And Visitation Attorney

In any custody arrangement, the court’s first concern is the best interests of the child. There is a presumption under Texas law that, unless there is reason to believe the child’s well-being would be at risk under such an arrangement, those interests are best served through a meaningful, ongoing relationship with both parents.

Agreeing on a custody arrangement that provides the access both parents want can be challenging. Having an experienced family law attorney representing you in these matters can help ensure your parental rights are protected. At Shea Beaty Poet PLLC, we have successfully represented clients on both sides of these sometimes contentious family law proceedings. We are experienced with15th and 397th District Courts of Grayson County in Sherman, TX, where local custody matters, temporary orders hearings, and bench trials take place. No matter what your circumstances are, we are prepared to advocate for your interests and help you work toward a custody arrangement that serves your child’s best interests.

We offer free consultations at our Sherman law office, and we are conveniently located across Grayson County Court House, where local custody matters, temporary orders hearings and bench trials take place.

Understanding Conservatorship In Texas

Texas law uses the word “conservatorship” instead of “custody.” In a joint managing conservatorship, both parents have some level of decision-making authority over the child. In these arrangements, the court may assign certain rights exclusively to one parent. In some cases, the court may designate one parent as the sole managing conservator and the other as a possessory conservator. This type of arrangement is similar to the traditional custody and visitation model.

We work closely with our clients to understand their goals with regard to access following their divorce. We listen carefully to your concerns and develop a customized plan to accommodate them. We have been successful in gaining joint managing conservatorships under some extremely challenging circumstances.

Types Of Conservatorships Available In Texas

Texas family courts recognize two primary conservatorship arrangements that determine how parents share responsibilities for their children after divorce or separation. These are:

• Joint managing conservatorship (JMC): Both parents make decisions together when it comes to major choices affecting their child’s life. These include education, medical care and religious upbringing. Courts often favor this arrangement when both parents can communicate effectively and prioritize their child’s needs. One parent typically serves as the primary residence parent while both maintain significant time with the child.
• Sole managing conservatorship (SMC): One parent receives primary decision-making authority while the other parent becomes a possessory conservator with visitation rights. Courts may order this arrangement when circumstances such as domestic violence, substance abuse or neglect make joint decision-making inappropriate for the child’s safety and well-being.

Our team works closely with parents to understand their unique situation and pursue the conservatorship arrangement that best serves their family’s needs.

Frequently Asked Questions

When parents divorce, questions about custody and visitation often make them feel restless and overwhelmed. If you are facing these issues, you are not alone. Many Texas parents have the same concerns and want clear guidance about the legal process and what to expect.

How is custody determined in Texas?

Texas courts prioritize the child’s best interests in conservatorship cases, evaluating each parent’s ability to provide stability, the child’s emotional and physical needs, and the nature of the parent-child relationship.

Texas custody orders routinely include geographic restrictions that limit where a parent may live with the child without first obtaining permission from the court or the other parent. These limits are often included to help preserve the child’s relationship with both parents and to prevent one parent from moving the child far away without notice. The restriction may apply to a specific county, surrounding counties or a defined geographic area.

Can A Child Choose Which Parent They Want To Live With?

Children aged 12 and older may express their preference to the court, but judges make the final decision based on what serves the child’s best interests rather than their stated preference alone.

What is a ‘standard possession order’ in Texas?

A Standard Possession Order (SPO) is a common visitation schedule that outlines when the parent who does not have primary custody will spend time with the child. It is designed to provide a predictable routine while allowing both parents to maintain a meaningful relationship with the child. In many cases, the SPO includes alternating weekends, Thursday evenings, extended time during the summer and a rotation of holidays.

It is important to note that Texas law recognizes both traditional SPO and expanded SPO. The expanded SPO gives the parent additional time in possession weekends by extending the visits from Thursday pickup through Monday drop-off, rather than ending on Sunday evening. In Texas, the Expanded SPO is the statutory default for parents who live within 50 miles of each other, unless the court determines that a different schedule would better serve the child’s best interests or the parents agree otherwise.

Possessory Conservator (PC)

PC refers to the parent who has possession of and access to the child under a custody order, but does not have the same decision-making authority as the parent with primary custody. A PC typically has parenting time and certain rights, although those rights may be limited.

Rights to exclusive determination

Rights to exclusive determination refer to the authority of one parent to make specific decisions for the child without the other parent’s agreement. These decisions often involve key issues such as the child’s education, medical care and residence.

Can I Modify An Existing Custody Or Visitation Order?

Yes, but you must demonstrate a material and substantial change in circumstances since the original order. Common reasons include job relocations, changes in living situations or concerns about the child’s safety.

Speak With An Attorney About Your Child Custody Concerns

Contact our office today to discuss your custody concerns. We offer a free initial consultation where you can get your questions answered and learn more about how we can help you. You can reach our Sherman office by calling us at 903-357-5269 or via email by completing the form below.