Custody in Texas: Conservatorship and Possession
Texas does not use the term "custody" in its family code. Instead, the law establishes conservatorship (decision-making authority) and possession and access (the schedule determining when each parent has the child). Understanding this distinction is important for Frisco parents entering any custody proceeding in Collin County.
In most cases, courts appoint both parents as Joint Managing Conservators. This does not necessarily mean equal possession time. One parent is typically designated to have the exclusive right to determine the child's primary residence, while the other parent receives a possession schedule outlined by the Texas Family Code's Standard Possession Order or an expanded schedule agreed upon by the parties.
Young Families and Frisco ISD Considerations
Frisco's population skews younger than many North Texas communities. The city is filled with families who moved here for the quality of life and the highly rated Frisco Independent School District. When parents in Frisco divorce, school district boundaries and enrollment stability become significant factors in custody decisions.
Collin County judges consider which parent's residence keeps the child enrolled in their current school, minimizes disruption to extracurricular activities, and supports the child's established social networks. In a community where many families live in newer neighborhoods, maintaining that stability can carry substantial weight in court.
Geographic Restrictions
Texas courts often impose geographic restrictions on the primary residence of a child. For Frisco families, this typically means the custodial parent cannot relocate the child outside of Collin County (and sometimes contiguous counties) without court approval or the other parent's consent. Given that Frisco spans both Collin and Denton counties, the specifics of a geographic restriction are particularly important and should be drafted with precision.
The Standard Possession Order
Texas provides a default possession schedule in the Family Code. For parents living within 100 miles of each other, the standard order provides the non-primary parent with the first, third, and fifth weekends of each month, a Thursday evening period, alternating holidays, and extended summer possession. An expanded standard possession order extends these periods and is increasingly common in Collin County.
Modification of Custody Orders
Life in Frisco changes quickly. A parent may receive a job transfer, a child's needs may shift as they grow, or circumstances that formed the basis of the original order may no longer reflect reality. Texas law allows modification of custody orders when there has been a material and substantial change in circumstances since the last order was entered.
Common modification triggers for Frisco families include job relocations, changes in a child's educational or medical needs, a parent's remarriage, or one parent's failure to follow the existing court order. Lynda Landers has handled hundreds of modification cases and understands the evidentiary standard Collin County courts apply.
Enforcement of Custody Orders
If the other parent is not following the court-ordered possession schedule, Texas provides enforcement mechanisms including contempt of court, which can carry fines and even jail time. We help Frisco parents enforce their rights when the other party refuses to comply with established custody orders.
Protect Your Relationship with Your Children
Whether you are establishing custody for the first time, seeking a modification, or enforcing an existing order, Lynda Landers provides the experienced representation Frisco families need.