Child Custody Attorney in New Braunfels

What “Custody” Actually Means in Texas

Texas doesn’t use the word custody in its statutes. Instead, Texas Family Code Chapter 153 governs conservatorship, which defines each parent’s legal rights and responsibilities toward their child. Conservatorship determines who makes major decisions about education, healthcare, and religious upbringing. Under Texas Family Code §153.002, the best interest of the child is the primary consideration in every determination a court makes.

In New Braunfels, conservatorship cases are heard in the Comal County District Courts and the County Courts at Law, which share concurrent jurisdiction over domestic relations matters. The 207th Judicial District Court is among the courts that handle these proceedings. Knowing how these courts operate is part of how we serve our clients effectively.

Types of Conservatorship Under Texas Law

Texas law recognizes three primary conservatorship arrangements, and understanding each one is the first step toward a workable path forward.

Joint Managing Conservatorship
This is the presumptive arrangement under Texas law. Both parents share decision-making rights, though one parent typically holds the exclusive right to designate the child’s primary residence. Joint managing conservatorship doesn’t automatically mean equal parenting time. The court divides specific rights and duties based on the family’s circumstances.

Sole Managing Conservatorship
Courts order sole managing conservatorship when joint arrangements would significantly impair the child’s physical health or emotional development. Family violence, substance abuse, or documented neglect are the kinds of circumstances that can lead a Comal County court to grant one parent sole managing authority.

Possessory Conservatorship
A possessory conservator is typically the parent without primary decision-making rights. This parent retains access rights and certain baseline protections during periods of possession under Texas Family Code §153.074. When a divorce isn’t involved, a Suit Affecting the Parent-Child Relationship (SAPCR) is the legal mechanism used to establish conservatorship, visitation, and child support for unmarried parents.

What Comal County Courts Weigh in Custody Cases

Judges in New Braunfels evaluate a range of factors when deciding conservatorship arrangements. The overriding standard is the best interest of the child, but courts look at specifics to apply that standard.

• Each parent’s ability to meet the child’s physical and emotional needs, including stable housing, medical care, and educational continuity
• History of family violence or abuse, which is a statutory factor in determining whether joint managing conservatorship is appropriate
• Each parent’s work schedule, geographic proximity to the child’s school and activities, and willingness to support the child’s relationship with the other parent
• A child who is 12 or older may express a preference regarding primary residence, which the court considers alongside other findings
• Geographic restrictions on primary residence are commonly included in Comal County orders to preserve both parents’ meaningful access

The arguments you make, the documentation you present, and the credibility you establish in court can all affect how a judge applies these factors to your family’s case. Preparation matters.

Modifying an Existing Custody Order in Texas

Life changes, and Texas law allows conservatorship orders to be revisited when circumstances warrant it. To seek a modification, a parent must show a material and substantial change in circumstances of the child or a conservator since the original order was entered. Relocation, job loss, documented substance abuse, or a parent’s consistent failure to follow the existing order can each qualify.

When both parents agree to a modification, the court may approve it without a contested hearing. When one parent contests the change, the requesting parent carries the burden of proof. A child who turns 12 during an existing order may also petition the court to express a preference about primary residence, which can trigger a review of the current arrangement.

Start Protecting Your Parental Rights in New Braunfels

Custody decisions shape your child’s daily life for years. Since 2009, The Law Office of Rebecca J. Carrillo has helped Texas parents navigate conservatorship cases with board-certified family law representation and clear, direct communication from start to finish. Before you commit to any course of action, we can walk you through realistic costs and what you can expect from the process.

Call The Law Office of Rebecca J. Carrillo at (210) 405-6623 to schedule a consultation with our New Braunfels child custody attorney team.