Custody FAQ
Custody FAQ
Direct answers to the questions Dallas-area clients ask most about custody matters.
Answers, Directly
Custody FAQ
Do children get to choose which parent they live with?
Not directly. Texas law allows a child age 12 or older to express a preference to the judge in chambers, but the court still decides based on the overall best-interest standard.
A child’s preference is one factor among many — including safety, stability, and each parent’s caretaking history — not a controlling vote.
Can a custody order be enforced if the other parent won't comply?
Yes. A parent can file a motion to enforce in the same Dallas County court that issued the order, asking the judge to compel compliance and, in some cases, award attorney’s fees or make-up time.
Repeated, willful violations can potentially lead to a contempt finding, so documenting missed exchanges or denied access is an important first step.
What is 'joint managing conservatorship'?
Joint managing conservatorship means both parents share the legal rights and duties to make decisions about the child, though it does not automatically mean equal time with the child.
A Dallas County court can still designate one parent as having the exclusive right to determine the child’s primary residence, even under a joint conservatorship arrangement.
What does 'possession and access' mean in a Dallas custody order?
Possession and access is the Texas legal term for a parenting-time schedule — it spells out when each parent has the child and how exchanges happen.
Dallas County courts often default to the Texas Standard Possession Order, which sets a detailed schedule for weekends, holidays, and summer, though parents can agree to a different schedule that a judge approves.
Have a question specific to your case? Our Family Law team can review the details. Learn more about our Practice Areas → or contact us directly.
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