Call Us
512-628-2550
Protecting What Matters Most
Protecting What Matters Most
If you are going through a divorce, one of the biggest decisions you will need to make is who has custody of the children. While this decision can be difficult, it is important to understand the Texas child custody laws before making a decision. There are a variety of factors that will be considered when determining child custody in Texas, and each situation is unique. A family law attorney can help you understand how the law applies to your situation and advise you on what steps to take next.
To navigate custody issues, it’s important to understand the terms that Texas courts use surrounding custody matters.
The primary conservator is the parent who has the right to determine the primary residence of the child. The primary conservator also has the right to receive child support.
The managing conservator is the parent who has the right to consent to the child’s medical and dental treatment, as well as their mental health treatment. The managing conservator can also make other major decisions for the child, such as what school they will attend. Texas courts prefer to appoint both parents as joint managing conservators if possible.
The possessing conservator is the parent who pays child support. They usually have the right to spend time with the child according to the court-approved visitation schedule.
When one parent is given exclusive rights over a child, it is referred to as sole custody. The other parent may still be given visitation rights under certain conditions, but will not be able to make crucial decisions in the child’s life such as medical care, schooling, or religion. The parent with sole custody is the managing conservator.
In Texas, joint custody is also referred to as shared parenting. It is an arrangement whereby both parents are awarded equal rights regarding the upbringing of their child, even if the child spends more time residing with one parent than the other. Both parents are managing conservators.
James W. Evans is a board-certified family law attorney and the founder of Evans Family Law Group. With over 25 years of experience, he has built a reputation as a trusted advocate for Texas families navigating divorce, custody, and complex family law matters.
Accolades & Distinctions
Child custody battles are never easy, and the laws surrounding them can be complicated. If you find yourself in the middle of a custody battle in Texas, you may be wondering what the process looks like and when a judge is likely to grant sole custody of a child.
In Texas, family law courts will typically award one of three types of custody arrangements: sole custody, joint custody, or split custody. The type of arrangement that is awarded will depend on several factors, including the child’s age, the relationship between the parents, each parent’s work schedule, and each parent’s ability to provide a stable home life.
In general, courts prefer to award joint custody whenever possible because it allows both parents to remain involved in their child’s life. However, there are circumstances under which a court may find that sole custody is in the child’s best interests. For example, if one parent has a history of violence or drug abuse, if there is evidence of parental alienation, or if one parent lives out of state, a court may rule that it is best for the child to have only one primary custodial parent.
Family law cases are some of the most complex legal cases out there. When you are going through a divorce, child custody battle, or dealing with any other family law issue, you need an attorney who can get you the best possible outcome. You should work with us because:
Contact us today to schedule your free consultation.
Client Reviews
2 months ago 
I had a great experience working with Jimmy Evans on my divorce case. He provided excellent counsel and always focused on getting me the best results. He was accommodating and made sure I understood each step of the process. His paralegal, Dina, was also wonderful! She kept communication clear and timely, and I could always count on her for quick updates and answers. The firm as a whole was efficient, professional, and supportive, which made a difficult process much easier to navigate. I highly recommend Jimmy Evans and his team.
Contact Evans Family Law Group
Let Our Team Help You
Evans Family Law has been wonderful to work with. I am grateful that I found them and hired them for my legal needs!
He took the time to talk to me and answer questions. I would recommend Jimmy to anyone seeking help with their legal needs.
Thank you Evans Family Law!
I had a great experience with Evans Family Law Group! Their legal team took time to clearly answer my questions and make sure I knew what was going on with my case. They were super easy to work with and knew exactly how to handle all the various obstacles that popped up over the course of my divorce. I am very happy I worked with them and would absolutely recommend them to anyone else!
The Evans Family Law Group was patient with me, protected my interests, and kept me inline. They responded in a timely fashion and provided updates with each step along the divorce process. Their forethought in decree language saved me.
Evans Family Law Group was the first business that didn’t quote me an outrageous number while also telling me that I may need to pay more later. Jimmy gave me a flat rate that was significantly lower than the multiple other firms I called prior. He was also very quick with communication and even sent a description of every form he sent so I would understand the whole process better. Dina was also incredible as she as she was able to notarize the forms remotely and kept me updated through every step of the process. To my surprise, Jimmy and Dina were able to make this process so smooth and simple and I cannot be more grateful. Thank you both very much!
Great communication and very empathetic!
I had a great experience working with James Evans. He was extremely responsive, easy to work with, and able to meet my tight timeline without sacrificing quality. I appreciated his clear communication and attention to detail throughout the process.
I would like to take this opportunity to thank the Evans Family Law firm for working with me on my extended divorce process. Giving special attention to Ms. Caitlin McGregor. Always the consummate professional. I truly felt well represented with not only her knowledge of family law but she took time to be sure I felt heard. She always kept me well informed, which helped tremendously with the anxiety that came along with the seemingly endless divorce.
She showed real concern which kept me on a positive note in what has been a very dark time for me and proved to be a great negotiator on my behalf. Not to forget she was also working with an awesome team of paralegals and professionals. Thank you all for your hard work and persistence in this case.
I had a great experience working with Jimmy Evans on my divorce case. He provided excellent counsel and always focused on getting me the best results. He was accommodating and made sure I understood each step of the process. His paralegal, Dina, was also wonderful! She kept communication clear and timely, and I could always count on her for quick updates and answers.
I have had an excellent experience with the staff of Evans Family Law. They have all been very friendly and efficient with my case, and have always been honest and accountable in all situations. I would employ them again for any family law needs I may have. I’m very pleased with their work.
Jimmy has an encyclopedic knowledge of the law, extensive experience with a wide range of cases, and as a result is someone I could completely trust to know what he was doing. He was always willing to explain why certain issues that were under dispute were/were not likely to be upheld by a judge and gave me a very honest sense of what to expect before a judge, with respect to anything I asked him.
He took the time to talk to me and answer questions, and was an ethical advocate who was clearly seeking the best outcome for the children. Rarely do I post reviews, but I chose him based on ones I read by people equally unfamiliar and scared by family law, divorce, and custody as I was; and he was a gem in guiding us through a difficult time. I’m so grateful to have found him, and recommend him as one of the most ethical and professional people I’ve ever worked with.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney James Evans, who has more than 20 years of legal experience as a family law attorney.
At Evans Family Law Group, we combine our in-depth knowledge, strategic approach, and commitment to you to achieve optimal results.
Effective in and out of the courtroom with 17 years in practice and over 100 jury trials to our credit.
Message Us 
Call Us