These are the questions we hear most often from parents in Collin County. Plain answers — no jargon, no promises.
Every custody situation is different. These answers give you a general framework — not legal advice for your specific case. If you are facing a custody matter in Collin County, a consultation with Lisa G. Garza is the best next step.
Conservatorship is the Texas term for what most states call "custody." It refers to the legal rights and duties a parent has regarding their child — the ability to make decisions about the child's education, healthcare, and general welfare. Texas courts appoint parents as either joint managing conservators (JMC) or sole managing conservators (SMC), and the order specifies exactly who holds which rights and duties.
"Conservatorship" is a broader concept than just where the child lives — it covers legal decision-making authority. Where a child physically resides is governed by the possession and access provisions of the order, which are a separate but related part of the custody framework.
Joint Managing Conservatorship (JMC) means both parents share parental rights and duties, though not necessarily equally. One parent is typically designated as the parent with whom the child has primary residence. JMC is the Texas default — courts presume it serves the child's best interest unless there is evidence of domestic violence or other serious safety concerns.
Sole Managing Conservatorship (SMC) places most or all decision-making rights with one parent. Courts award SMC when JMC would endanger the child's physical or emotional well-being. Even with SMC, the other parent usually retains some possession time and visitation — the non-primary parent in an SMC arrangement is called a possessory conservator.
Reference: Texas Family Code §153.131.
The Standard Possession Order (SPO) is the default possession schedule Texas courts apply under TFC §153.252 when parents live within 100 miles of each other. Under the SPO, the non-primary parent receives:
Parents who live more than 100 miles apart operate under a different default schedule. The SPO is a starting point — courts can order expanded or customized schedules that better fit a family's specific circumstances. See our Possession Schedules page for a detailed breakdown.
If parents cannot agree, a judge (or jury in some cases) decides based on the best interest of the child — the governing standard under TFC §153.002. Courts look at each parent's parenting history, stability of the home, the child's relationships with each parent, any safety concerns, and many other factors.
In practice, most custody cases settle before trial through negotiation or mediation. Reaching an agreement is generally faster, less expensive, and gives parents more control over the outcome than leaving those decisions to a judge. When parents do reach an agreement, the court reviews it to confirm it serves the child's best interest before approving it as an enforceable order.
Yes — through a modification proceeding. The requesting party must show two things: (1) a material and substantial change in circumstances since the original order was signed, and (2) that modification is in the child's best interest. Both conditions must be met.
Courts set this bar deliberately high to protect children from unnecessary disruption. Not every change in life circumstances qualifies — the change must be significant and must have a meaningful impact on the child's welfare or on the ability to carry out the existing order. See our Custody Modification page for details on what qualifies and how the process works.
Common circumstances that may support a modification include:
Remarriage alone rarely qualifies — courts look for demonstrated impact on the child, not simply a change in a parent's household. A child who is 12 or older can express a preference to the judge, which can support a modification if other factors align.
It depends on your custody order. Most Texas custody orders include a geographic restriction limiting where the primary conservator can establish the child's primary residence — often to Collin County and adjacent counties. Moving beyond that boundary without the other parent's written agreement or a court order modifying the restriction is a violation of the order and can have serious legal consequences.
If your order does not contain a geographic restriction, or if you have sole managing conservatorship with different terms, the analysis differs. Either way, this is not a decision to make without legal guidance. Consult an attorney before making any plans — signing a lease or accepting a job offer before resolving this legally can hurt your position in court. See our Relocation page for a detailed overview of how these cases work.
A custody order is enforceable as a court order. If the other parent repeatedly denies your possession time, refuses to return the child, or otherwise violates specific provisions, you can file a motion for enforcement. Remedies available to the court may include:
Documentation is critical. Record every violation with the date, time, exactly what happened, the names of any witnesses, and copies of any relevant text messages or emails. Prompt, thorough documentation makes enforcement motions significantly stronger and reduces the other party's ability to dispute the facts.
A custody evaluator is a licensed mental health professional appointed by the court (or agreed to by the parties) to assess the family and provide a professional opinion about what arrangement best serves the child. The evaluation typically involves:
Evaluators assess each parent's parenting history, mental and emotional stability, ability to meet the child's needs, and the quality of each parent's relationship with the child. Authenticity matters — evaluators are trained to recognize coaching and exaggeration, and overclaiming against the other parent often backfires. See our Custody Evaluations page for guidance on preparation.
Texas courts use TFC §153.002 as the foundation — the child's best interest is the primary consideration in all conservatorship and possession decisions. Courts look at a range of factors, including:
These factors are not a checklist — courts weigh them holistically based on all of the evidence presented. No single factor is automatically dispositive. How they apply to your specific situation is something we work through directly with every client.
In Texas, a child who is 12 or older has the right to speak with the judge in chambers about their preference — a process established under TFC §153.009. Either parent can request this interview, or the judge may initiate it. The interview is private and is not conducted in open court.
This does not mean the child decides. The judge makes the final determination based on the child's best interest, and the preference is just one of many factors considered. At older ages, a clearly expressed preference can carry significant weight — but courts also examine why the child has the preference and whether it reflects genuine needs or influence from a parent. A preference that appears coached or that results from one parent undermining the other's relationship can actually work against the parent trying to use it.
Children under 12 do not have a formal statutory right to be heard, though a judge may consider their preferences through other means, such as a guardian ad litem's report.
It varies significantly depending on how contested the case is and the complexity of the issues involved.
Most cases settle before trial. Mediation is common in Collin County and is often effective at narrowing the issues or reaching a full agreement. Your attorney can give you a realistic timeline based on the specific facts and posture of your case.
These answers give you a framework, but your case has details that matter. A consultation with Lisa G. Garza is the best way to get answers that apply to your situation — not a general overview.
Lisa G. Garza has focused on Texas family law for more than 30 years. She understands Collin County courts, the law, and what parents in your situation actually need to know.