Experienced Legal Help With Child Custody Cases In The Woodlands
Child custody disputes are among the most emotionally intense and legally complex aspects of family law. Whether you’re preparing for divorce, already separated, or dealing with a post-divorce conflict, concerns about where your children will live and who will make decisions for them can quickly become overwhelming.
At Griffin, Cain & Herbig, Attorneys at Law, PLLC, we provide experienced and compassionate legal help to parents navigating child custody cases in Conroe, The Woodlands, and across Montgomery, Harris, Walker, and Grimes Counties. Our attorneys understand that nothing is more important than your children’s well-being. We are committed to protecting your parental rights and crafting custody solutions that serve your child’s best interests.
Understanding The Basics: What Is Child Custody In Texas?
In Texas, the legal term for custody is “conservatorship.” When a court issues a custody order, it decides who will make decisions for the child (legal custody) and where the child will primarily live (physical custody), although both issues are typically wrapped together in the conservatorship determination.
There are two main types of conservatorship in Texas:
1. Joint Managing Conservatorship (JMC)
In most cases, Texas courts presume that appointing both parents as joint managing conservators is in the child’s best interest. This means both parents share legal rights and duties, such as:
- Making educational decisions
- Consenting to medical care
- Being involved in moral or religious upbringing
While rights are shared, one parent is often given the exclusive right to determine the child’s primary residence, and the other parent is awarded a standard possession schedule (visitation rights).
2. Sole Managing Conservatorship (SMC)
In more exceptional cases, one parent may be appointed the sole managing conservator due to factors such as:
- Family violence or abuse
- Substance abuse issues
- A history of neglect or criminal behavior
- Long-term absence or abandonment
The other parent may be named a possessory conservator, with limited rights or supervised visitation, depending on the circumstances.
Your Parental Rights Before A Custody Order Is Issued
A critical point many parents don’t realize is that both parents have equal rights to their children until a court order says otherwise. This is true whether the parents are married or unmarried, provided that paternity is established in the case of fathers.
If you and the other parent disagree about who should have the children, or if you’re concerned about decisions the other parent is making, you may not have legal standing to intervene without an order in place. That’s why securing a temporary order during divorce or custody proceedings is often the first crucial step.
Whether you need to file an original petition or respond to one, the attorneys at Griffin, Cain & Herbig, PLLC are ready to act quickly and decisively to protect your rights and your child’s safety.
Common Issues In Texas Custody Cases
Each child custody case is unique, but there are several key issues that typically come up in Texas family courts:
1. Establishing Paternity
For unmarried parents, the court cannot issue custody or child support orders until paternity is legally established. This can be done voluntarily through an Acknowledgment of Paternity (AOP) or involuntarily via a court-ordered DNA test.
2. Determining The Child’s Best Interests
Under Texas Family Code § 153.002, the child’s best interest is the court’s primary consideration in custody decisions. Factors include:
- The child’s emotional and physical needs
- The stability of each parent’s home
- Parental cooperation and co-parenting ability
- Any history of abuse or neglect
- The child’s preferences (if age-appropriate)
Courts don’t favor mothers over fathers. Instead, they focus on evidence of parenting fitness and the ability to provide a safe, supportive environment.
3. Possession And Access (Visitation)
Texas offers a Standard Possession Order (SPO) that outlines when the noncustodial parent has possession of the child, including weekends, holidays, and summer vacations. However, parents can agree to a custom schedule, or courts can impose a different arrangement based on the child’s age, needs, or safety concerns.
4. Relocation And Geographic Restrictions
If the parent with primary custody wants to move out of state—or even just out of the county—the court may restrict relocation unless the other parent agrees or the move is shown to be in the child’s best interest. We frequently advise parents on how to request or contest modifications to geographic restrictions in Montgomery County and surrounding areas.
5. Temporary Custody Orders
While the final decree is being worked out, temporary orders help ensure stability. These can include temporary conservatorship, child support, visitation schedules, and even injunctions to prevent either parent from removing the child from school or relocating them without permission.
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We will provide a complimentary consultation so that you can discuss your issue with us. Get started by calling us or contacting us via email, and we will respond as soon as possible.
A Few Words From Satisfied Clients
What stood out the most was his ability to resolve my legal matters in a way that allowed me to continue living my life stress-free. Knowing he had everything under control gave me such peace of mind. He was always available to answer my questions and made me feel like a priority every step of the way.
If you’re looking for a reliable, communicative, & skilled attorney, I wholeheartedly recommend John Herbig! He made a difficult situation so much easier to navigate, and I’m truly grateful for his work. Thank you John!
His trial skills were extraordinary.
It was obvious who was the big gorilla in the room. He is polished and well prepared. Bob saw everything through and you know you have a real attorney on your case.
Thanks Bob you and your entire staff rate the highest in your profession.
John Hooghe
Remington Arms co.
(Retired)
I'm so thankful I had him in my corner, and I would absolutely recommend him if anyone needed assistance with probate problems or any other legal issues.
How We Help: Child Custody Services At Griffin & Cain, Attorneys at Law, PC
Our firm has extensive experience handling child custody cases in the Conroe and The Woodlands area. We offer legal services at every stage of the process, including:
Original Custody Cases
We represent clients in both divorce and stand-alone custody suits, helping them seek joint or sole managing conservatorship and negotiating fair parenting plans.
Custody Modifications
When life changes—like a new job, remarriage, relocation, or concerns about safety—we help clients petition the court for a modification of existing custody orders. Texas law requires proof of a “material and substantial change” in circumstances.
Enforcement Of Custody Orders
If the other parent is denying you court-ordered time with your child or violating other provisions of the custody order, we can help you file an enforcement motion and represent you at the hearing.
Mediation And Settlement
Many custody disputes can be resolved outside of court through mediation or negotiated settlement. We guide parents through this process while safeguarding their rights and goals.
Contested Hearings And Trials
If a settlement isn’t possible, we’re fully prepared to represent you at hearings, trials, and all other court proceedings. Our lawyers have experience litigating in family courts across Montgomery, Harris, and surrounding counties.
Frequently Asked Questions About Child Custody In Texas
Can my child choose which parent to live with?
What if the other parent isn’t following the custody order?
Can I move out of state with my child?
Is joint custody always 50/50?
Why Choose Our Custody Attorneys In Conroe And The Woodlands?
Local experience
Personalized service
Aggressive advocacy
Clear communication
We’re Available To Speak With You
Contact Our Office
Today
Phone:
Email:
info@griffinandcain.com
Address:
400 W. Davis St., Suite 200. Conroe, TX. 77301