Child Custody
Hernandez Law Firm | The Woodlands, Texas Child Custody Attorney
Child Custody Lawyers in The Woodlands, Texas
At Hernandez Law Firm, we help parents in The Woodlands, Texas navigate child custody cases with a steady hand and a clear plan. Whether you’re negotiating a parenting schedule, seeking a modification, enforcing an existing order, or facing a high-conflict custody dispute, the goal is the same: protect your relationship with your child while building a workable, court-ready solution.
If you’re searching for a custody attorney in The Woodlands, you’re likely dealing with big questions that don’t have easy answers:
- Where will my child live?
- What does “joint custody” actually mean in Texas?
- What schedule will the court approve?
- What if the other parent won’t follow the order?
- Can I change custody later if circumstances change?
This page breaks down how custody works in Texas, what to expect in Montgomery County-area cases, and how Hernandez Law Firm approaches custody strategy from day one.
“Custody” in Texas: Conservatorship, Possession, and Access
In Texas, what most people call “custody” is usually addressed in three categories:
- Conservatorship (parental rights and decision-making)
- Possession (the parenting time schedule)
- Access (how and when a parent may have contact/time with the child)
Texas law states that the best interest of the child is the primary consideration when courts decide conservatorship and possession/access issues. (Texas Statutes)
Conservatorship: Who Makes Decisions?
Conservatorship is about rights and duties—things like education decisions, medical decisions, and (in many cases) who can determine the child’s primary residence.
Common conservatorship structures include:
- Joint Managing Conservatorship (JMC): Parents share rights and duties in some form (but this does not automatically mean 50/50 time).
- Sole Managing Conservatorship (SMC): One parent is granted more exclusive rights (often in higher-conflict situations, safety concerns, or when cooperation is not realistic).
- Possessory Conservatorship: Typically refers to the parent who has possession time but may not have the right to determine primary residence.
Texas public policy in Chapter 153 recognizes the framework for conservatorship, possession, and access. (Texas Statutes)
Possession Schedules: What “Visitation” Can Look Like
The possession schedule is often the most emotional (and practical) part of a custody case—because it defines daily life: school nights, holidays, summers, and exchanges.
Texas law includes guidelines for a Standard Possession Order (SPO) and related provisions that courts often use as a baseline starting point, depending on the facts of the case. (Texas.Public.Law)
Common Parenting Time Outcomes We See
Every family is different, but many cases in The Woodlands area tend to fall into patterns such as:
- Standard Possession-style schedules (common when parents live relatively close and school routines matter)
- Expanded Standard Possession (a variation that may provide additional overnights)
- Custom schedules (work schedules, travel, special needs, or unique child-centered logistics)
- 50/50-style schedules (possible in the right circumstances, but not guaranteed just because parents request it)
A key point: even when conservatorship is “joint,” Texas law does not require equal possession time in every case. (Texas.Public.Law)
How Courts Decide Child Custody in Texas
The “Best Interest of the Child” Standard
Texas makes the child’s best interest the guiding principle for conservatorship and possession/access determinations. (Texas.Public.Law)
While every judge and courtroom has its own tone, custody decisions commonly revolve around factors like:
- The child’s physical and emotional needs
- Each parent’s ability to provide a stable, safe environment
- School and community continuity
- Co-parenting communication and follow-through
- Any history of family violence or safety concerns (when applicable)
- Practical logistics: distance between homes, work schedules, transportation, and routines
For a plain-English overview, Texas Law Help also explains the best-interest standard and how it’s applied in family cases. (TexasLawHelp.org)
Child Custody Cases We Handle in The Woodlands
Hernandez Law Firm represents parents in a wide range of custody and visitation matters, including:
1) Divorce With Children
If you’re divorcing with minor children, custody terms will typically be included in your final decree—conservatorship, possession schedule, child support, and decision-making authority.
2) SAPCR (Custody Without Divorce)
In Texas, custody can be established or changed through a Suit Affecting the Parent-Child Relationship (SAPCR)—often used when parents were never married.
3) Modifications (Changing Custody or Visitation)
Life changes: job schedules, school needs, relocation, safety concerns, or co-parenting breakdowns. If your current orders don’t fit reality anymore, modification may be the right path—but it has legal requirements and strategy matters.
4) Enforcement (When the Other Parent Violates the Order)
If the other parent is withholding the child, refusing exchanges, denying calls, or repeatedly violating the schedule, enforcement can help restore structure and accountability. Custody orders aren’t “suggestions”—they’re enforceable court orders.
5) Temporary Orders
Many cases require temporary orders early on—because families need rules now, not months later. Temporary orders often shape the final outcome, so we treat this stage as highly strategic.
6) High-Conflict Custody Disputes
When cooperation is not realistic, the focus shifts to: documentation, consistency, child-centered evidence, and building an order that reduces conflict points and protects the child’s stability.
Custody in Montgomery County and The Woodlands: Practical Local Notes
Many families in The Woodlands are in Montgomery County, and custody disputes often route through the county’s district court system. The county provides public information about its district courts and related court resources. (Montgomery County Texas)
There is also a courthouse presence in The Woodlands area (commonly associated with the Ed Chance Courthouse Annex), which can be relevant for certain proceedings and county services. (thewoodlandstx.com)
(Important: which court hears a particular family matter can depend on the type of case, filings, and assignment rules. We help clients understand where their case is likely to proceed and what that means for timelines and procedure.)
What a The Woodlands Custody Attorney Does (That Actually Moves the Needle)
A strong custody case is more than showing up and “telling your side.” Our role is to build a custody plan and a supporting record that makes sense to a judge and works for your child in real life.
Strategy Includes:
- Setting the legal theory early: what outcome you want and why it fits the child’s best interest
- Building a schedule that is realistic: school times, work demands, travel, holidays, summer
- Organizing evidence: communications, calendars, school/medical records, witness statements when appropriate
- Reducing conflict triggers: exchange details, communication boundaries, clear tie-breaker language
- Negotiation with leverage: pushing for settlement when it’s smart—and litigating when it’s necessary
- Order drafting that prevents future disputes: clear language = fewer loopholes and fewer repeat conflicts
How Much Does a Child Custody Lawyer Cost in The Woodlands?
Cost depends on complexity and conflict level—not just the type of case.
Factors that commonly affect legal fees:
- Whether the case is agreed vs. contested
- Number of disputed issues (primary residence, schedule, decision rights, relocation)
- Whether temporary orders are needed
- Discovery needs (records, depositions, subpoenas)
- Experts (when appropriate) and mediation
- Enforcement actions (often evidence-heavy and time-sensitive)
A good custody plan is not just about “winning” a moment—it’s about getting clear, enforceable orders that reduce future legal spend.
Why Parents Hire Hernandez Law Firm for Custody Matters
Parents come to Hernandez Law Firm because they want:
- Straight answers about Texas custody realities
- A child-centered plan that holds up in court
- Strong drafting so orders are clear and enforceable
- A firm that can negotiate firmly and litigate effectively when needed
- A legal team that treats custody like the high-stakes issue it is—because it affects daily life
We focus on practical, court-ready outcomes: schedules that work, rights that are clearly defined, and orders that reduce future conflict.
FAQs: The Woodlands Child Custody Questions
Does “joint custody” mean 50/50 in Texas?
Not necessarily. Joint managing conservatorship is about shared rights and duties, and Texas law does not require equal possession time in every case. (Texas.Public.Law)
What standard does a judge use to decide custody?
Texas applies the “best interest of the child” standard for conservatorship and possession/access decisions. (Texas.Public.Law)
Is there a default visitation schedule?
Texas includes Standard Possession Order guideline provisions that courts often use as a starting point (when appropriate), with variations depending on facts like age, distance, and practicality. (Texas.Public.Law)
Talk With a The Woodlands Custody Lawyer
If you’re looking for a child custody attorney in The Woodlands, Texas, Hernandez Law Firm can help you understand your options and build a plan that protects your child and your parental rights.
Common next steps we can help with:
- Reviewing your current orders (or lack of orders)
- Identifying your strongest custody path (agreement, mediation, litigation)
- Drafting a possession schedule proposal
- Preparing for temporary orders, mediation, or hearings
- Enforcing or modifying an existing custody order
