El Paso Child Custody Attorney

When a relationship ends, the most important question is rarely about property or finances — it’s about your children. Child custody disputes are emotionally charged, legally complex, and carry consequences that will affect your family for years to come. At the office of Richard Deck, Attorney & Counselor at Law, PLLC, we represent El Paso parents in custody matters with the experience, preparation, and genuine commitment each case requires. Call (915) 532-1122 to discuss your case.

Physical Custody vs. Legal Custody

Understanding the difference between physical and legal custody is essential to navigating any child custody case. However, it’s important to note that Texas does not use the term “custody” in its family code. Instead, the law uses two distinct concepts: “conservatorship” for legal custody and “possession and access” for physical custody. 

Legal Custody (Conservatorship)

This refers to the legal rights and responsibilities a parent holds regarding their child’s upbringing. A parent with a managing conservatorship has the authority to make major decisions on the child’s behalf, including education, healthcare, religious upbringing, and extracurricular activities. This authority can be held jointly by both parents or solely by one parent, depending on the circumstances.

Physical Custody (Possession and Access)

This refers to where the child lives and when each parent has time with them. This is what most people mean when they say “custody.” Texas courts establish a possession schedule that governs day-to-day and overnight time, holidays, school breaks, and other special occasions.

Both conservatorship and possession and access are determined based on the best interests of the child, which is the guiding standard in every Texas custody case.

Types of Conservatorship in Texas

Joint Managing Conservatorship

Texas law presumes that appointing both parents as joint managing conservators is in the best interests of the child. Under a joint managing conservatorship arrangement, both parents share decision-making rights and responsibilities, though the specific rights each parent holds are defined in the court order. Of course, joint managing conservatorship does not necessarily mean equal time with the child.

Sole Managing Conservatorship

When joint conservatorship is not in the child’s best interests, such as in cases involving family violence, abuse, neglect, or a parent’s history of substance abuse, the court may appoint one parent as sole managing conservator. That parent holds exclusive authority over major decisions affecting the child. The other parent may still be granted possession and access unless the court finds that visitation would endanger the child.

Possessory Conservatorship

A parent who is not named as managing conservator is typically named a possessory conservator, which grants them the right to spend time with the child according to a court-ordered schedule. Texas courts strongly favor maintaining a relationship between the child and both parents whenever it is safe to do so.

Emergency Custody Modifications

A custody order is not necessarily permanent. Texas courts can modify conservatorship and possession orders when there has been a material, substantial change in circumstances since the original order was entered. Common reasons to seek a modification include:

• A parent’s relocation
• A change in a parent’s work schedule
• A change in the child’s needs
• Concerns about the child’s safety
• A parent’s failure to follow the existing order

If you are seeking to modify a custody arrangement or defending against a modification request, Richard Deck, Attorney & Counselor at Law, PLLC, can evaluate your situation. As an experienced divorce attorney, he can advise you on the strength of your case and the best path forward.

Why Choose Richard Deck as Your Child Custody Attorney

The law office of Richard Deck, Attorney & Counselor at Law, PLLC, has represented parents, children, and the state in child-related proceedings throughout his career. That breadth of perspective gives him insight into how opposing parties and courts approach these cases, and how to advocate most effectively for his clients.

Attorney Deck is also a Certified Child Welfare Law Specialist. This certification is recognized by the American Bar Association and the National Association of Counsel for Children. It reflects an advanced level of knowledge in child-related legal matters that goes well beyond standard family law practice.

Frequently Asked Questions

What does “best interests of the child” mean in Texas?

Texas courts consider a range of factors when determining what arrangement best serves a child’s interests, including each parent’s ability to provide a stable home, the child’s relationship with each parent, the child’s emotional and physical needs, y history of family violence or substance abuse, and — for older children — the child’s own preferences.

At what age can a child choose which parent to live with in Texas?

Texas law allows children who are 12 years of age or older to express a preference to the court regarding which parent they wish to live with. However, the court is not bound by that preference. The child’s preference remains one factor among many in the best interests analysis. A judge will consider the child’s reasoning and the overall circumstances before making a decision.

What is a Standard Possession Order?

The Standard Possession Order is the default custody schedule used by Texas courts when parents cannot agree on a schedule. It generally gives the non-primary parent possession on the first, third, and fifth weekends of each month, alternating holidays, and an extended summer period. Courts can deviate from the standard order when circumstances warrant a different arrangement.

Can a parent deny visitation if child support is not being paid?

No. In Texas, visitation rights and child support obligations are treated as separate legal matters. A parent cannot legally withhold court-ordered possession and access because the other parent has failed to pay child support. The proper remedy for unpaid support is to pursue enforcement through the court, not to deny visitation.

What happens if the other parent violates the custody order?

Violations of a court-ordered custody or possession schedule can be addressed through an enforcement action filed with the court. Depending on the severity and frequency of the violations, consequences can include make-up possession time, fines, and in serious cases, modification of the custody arrangement or even contempt of court.

Speak with El Paso’s Trusted Child Custody Attorney

Your relationship with your children is worth protecting. Call (915) 532-1122 or contact us using the form below to schedule a consultation with Richard Deck, Attorney & Counselor at Law, PLLC.