Understanding Child Custody in Texas

Texas family courts decide custody matters based on one guiding principle: the best interest of the child. That sounds straightforward, but in practice it involves a careful look at many factors — the stability of each parent’s home, the child’s existing relationships and routines, each parent’s ability to communicate and co-parent, and in some cases, the child’s own preferences.

Texas uses the term managing conservatorship to describe who holds the legal authority to make important decisions about a child’s education, healthcare, and religious upbringing. In most cases, courts start from the assumption that joint managing conservatorship — shared decision-making authority between both parents — is in the child’s best interest. However, if one parent has a history of family violence, substance abuse, or other concerning behavior, the court may award sole managing conservatorship to the other parent.

Possession and access is the term Texas uses for the physical schedule — when each parent has the child in their home. The Standard Possession Order, which gives the non-primary parent alternating weekends and certain weekday evenings, is a common starting point, but courts can and do deviate from it when the circumstances call for something different.

Whether you’re entering your first custody order or returning to court because your circumstances have changed, having a knowledgeable San Antonio family law attorney in your corner can make a meaningful difference in the outcome.

Custody Situations the Gilbert Law Office Handles

Every family’s situation is different. Matthew Gilbert handles a wide range of custody-related matters for San Antonio and Bexar County clients, including:

Initial Custody Orders — Whether you’re divorcing or were never married to the other parent, establishing a clear, enforceable custody arrangement from the start is critical. A well-crafted order protects your rights and reduces the likelihood of future conflicts.

Custody Modifications — Life changes. A job relocation, a change in a child’s needs, or a shift in one parent’s living situation can all be grounds for revisiting an existing order. Texas requires a showing of “material and substantial change in circumstances” to modify custody, and Matthew can help you evaluate whether your situation qualifies.

Enforcement Actions — When the other parent refuses to follow the court-ordered schedule or withholds access to your child, you have legal options. The Gilbert Law Office can help you pursue enforcement and hold the other party accountable.

Custody and Child Support — Custody and child support are closely related. Changes to one often affect the other, and it helps to work with an attorney who understands both sides of the equation.

Military Custody Considerations — As a veteran himself, Matthew Gilbert has a particular understanding of the unique custody challenges that come with military service — including deployment, relocation, and navigating military family law issues.