In Texas, child custody, known as conservatorship, determines how parents share decision-making and time with their child. Courts in Midland and Odessa decide custody based on the child’s best interests, weighing factors like each parent’s stability, the child’s emotional bond with each parent, and any history of abuse or neglect. Most parents share joint managing conservatorship, but if one parent poses a risk, the court may grant sole conservatorship to the other.
Child custody disputes can be deeply emotional and complex. Whether you’re going through a divorce, separation, or need to modify an existing order, Navarrete & Schwartz, P.C. helps West Texas families find practical, compassionate, and lasting solutions that protect both parental rights and children’s well-being.
Why Work With Navarrete & Schwartz for Your Child Custody Case?
With decades of combined experience representing parents throughout West Texas, our attorneys know how to balance firm advocacy with genuine compassion. We understand how deeply custody decisions affect your life and your child’s future.
When you choose our firm, you can expect:
- Honest, clear guidance from start to finish
- Skilled negotiation aimed at minimizing conflict
- Strong courtroom advocacy when needed
- A focus on protecting your child’s safety and best interests
We represent parents in cases involving joint or sole managing conservatorship, custody modifications, and situations involving protective orders or allegations of family violence.
What Does “Child Custody” Mean Under Texas Law?
In Texas, custody is referred to as conservatorship and includes two main parts:
- Legal custody (decision-making): Who decides matters such as healthcare, education, and religion.
- Physical custody (possession and access): Where the child lives and how time is divided between parents.
Parents often share these responsibilities as Joint Managing Conservators (JMC), but in some cases, the court may grant Sole Managing Conservatorship (SMC) to one parent if it better serves the child’s welfare.
How Do Courts Decide Custody in West Texas?
If parents cannot agree, a judge determines custody based on the best interests of the child, considering:
- The child’s emotional and physical needs
- Stability of each parent’s home environment
- Each parent’s mental and physical health
- The child’s existing relationship with each parent
- Any history of domestic violence, substance abuse, or neglect
- The child’s preference, if age 12 or older
Courts in Midland and Ector County aim to promote healthy relationships with both parents whenever possible. We help present evidence and testimony that reflect your child’s needs and your ability to meet them.
What Are the Steps in a Texas Child Custody Case?
Child custody may be part of a divorce or filed as a separate Suit Affecting the Parent-Child Relationship (SAPCR). The process generally includes:
- Filing the petition in the county where the child resides.
- Requesting temporary orders to guide custody and support during the case.
- Negotiation or mediation to create a parenting plan.
- Court hearings or trial if no agreement is reached.
- Final orders setting out conservatorship, possession, and child support.
Our team ensures every document is filed correctly and every deadline is met while protecting your parental rights throughout the process.
How Do Protective Orders Affect Custody in Texas?
Protective orders play a major role when family violence or threats are alleged. The court may:
- Restrict or supervise a parent’s visitation
- Limit communication between parents
- Require exchanges to occur in safe, neutral locations
If you or your child is in danger, we can help you seek a protective order quickly. If you’ve been falsely accused, we will defend your rights and ensure your side of the story is heard.
Can Custody Orders Be Changed Later?
Yes. Texas law allows custody modifications when there has been a material and substantial change in circumstances, such as:
- A parent’s relocation or job change
- The child’s changing needs or preferences
- A parent’s failure to follow the current order
- Substance abuse, criminal behavior, or neglect
- Changes in family structure, such as remarriage
We regularly assist parents in Midland, Odessa, and nearby communities with modifications to ensure custody arrangements continue to serve the child’s best interests.
What Are Parents’ Ongoing Duties and Communication Rights?
Texas law expects both parents to remain involved in their child’s life. Regardless of who has primary custody, parents must:
- Share important information about the child’s education and medical care
- Support the child’s emotional and financial well-being
- Keep open, respectful communication to coordinate schedules and decisions
Our attorneys can help you craft clear, enforceable parenting plans that reduce conflict and encourage cooperation.
How Can a Midland Child Custody Lawyer Help You?
From the first filing to final orders, your attorney plays a vital role in protecting your rights and your child’s welfare. At Navarrete & Schwartz, P.C., we:
- Explain your legal options clearly
- Handle negotiations and hearings with professionalism
- Advocate firmly in cases involving protective orders or domestic violence
- Help you seek fair custody, support, and visitation arrangements
Protecting Your Family Starts Here
When custody is contested, your child’s future is on the line. Let our experienced family law attorneys help you find the best path forward. Call Navarrete & Schwartz, P.C., today to schedule a confidential consultation. We proudly serve clients across Midland, Odessa, and the West Texas region.
Frequently Asked Questions About Child Custody in Texas
Can my child choose which parent to live with?
Not entirely. In Texas, children 12 or older can share their preference with the judge, but the court still decides based on the child’s best interests. The child’s opinion is one of several factors the court considers.
What if the other parent violates our custody order?
If a parent fails to follow the court’s custody order, you can request enforcement through the court. Judges may impose penalties or modify the order to ensure compliance and protect the child’s stability.
Do I need to go to court to change custody?
Yes. Any change to a custody or visitation arrangement must be approved by the court. A judge will review whether a “material and substantial change” in circumstances justifies the modification.