Understanding Child Custody in Texas: What Parents Need to Know

Davis, Ermis & Roberts, P.C. • July 11, 2025

When facing a divorce or separation involving children, one of the most emotionally charged and complex issues is child custody. At Davis, Ermis & Roberts, P.C., we know how important your children are to you—and we’re here to help guide you through the legal process with compassion and clarity.


Whether you’re beginning to navigate a custody arrangement or modifying an existing one, it’s essential to understand how Texas law defines and determines custody.


What is “Custody” in Texas?

In Texas, the legal term for custody is “conservatorship.” There are two main types:


  • Joint Managing Conservatorship (JMC): This is the most common arrangement and means both parents share rights and duties. It doesn’t necessarily mean equal time, but it does reflect the court’s desire for both parents to be involved in the child’s life.
  • Sole Managing Conservatorship (SMC): One parent is granted the majority of legal rights and responsibilities, often in cases involving abuse, neglect, or a history of absent parenting.


How is Custody Decided?

The court’s primary concern is always the best interest of the child. Some factors that are considered include:


  • The child’s physical and emotional needs
  • Each parent’s ability to care for the child
  • Stability of each home environment
  • The child’s preference (usually if the child is 12 or older)
  • Any history of family violence or substance abuse


Texas courts encourage cooperation between parents but will intervene when necessary to protect a child’s wellbeing.


Possession and Access (Visitation)

Even if one parent is the primary conservator, the other parent typically has visitation rights (called “possession and access” in Texas). The Standard Possession Order (SPO) is a default schedule used by the courts, though customized plans can be created to better fit a family’s needs.


Modifying a Custody Order

Life circumstances change. If your custody arrangement is no longer working—for example, due to a move, a change in work schedule, or safety concerns—it may be time to seek a modification. This requires showing that there has been a material and substantial change in circumstances and that the modification is in the child’s best interest.


Why Legal Representation Matters

Custody cases can be emotionally overwhelming and legally complex. Having an experienced family law attorney ensures that your rights are protected and that your child’s best interests are kept at the center of the process.


At Davis, Ermis & Roberts, P.C., we’ve helped families across Tarrant County and Dallas County  as well as the greater DFW area resolve their family law matters with skill, integrity, and compassion. We are conveniently located in the heart of the metroplex with offices in both Arlington, Texas and Grand Prairie, Texas. Whether you’re seeking custody, modifying an existing order, or simply want to understand your rights, we’re here to help.


Need Help With a Custody Matter?

Contact Davis, Ermis & Roberts, P.C. today to schedule a consultation. Call (817) 265-8832

What to Expect During a Texas Divorce: A Step-by-Step Guide

By Davis, Ermis & Roberts, P.C. • July 11, 2025
Divorce is never easy—but knowing what to expect can make the process feel more manageable. At Davis, Ermis & Roberts, P.C. , we’ve guided countless clients across Tarrant County and Dallas County as well as the greater DFW area through Texas divorce proceedings with clarity and compassion. We are conveniently located in the heart of the metroplex with offices in both Arlington and Grand Prairie. Whether you’re just starting to consider divorce or already in the process, here’s a step-by-step guide to help you understand what lies ahead. Step 1: Filing the Petition for Divorce The divorce process officially begins when one spouse (the "Petitioner") files an Original Petition for Divorce with the court. This document outlines basic information about the marriage and the issues that will need to be resolved—such as property division, child custody, and support. Once filed, the petition must be served to the other spouse (the "Respondent"), unless they waive service. Step 2: Waiting Period Texas law requires a 60-day waiting period from the date the petition is filed before a divorce can be finalized. This gives both parties time to negotiate terms and, in some cases, attempt reconciliation. There are exceptions to this rule, such as in cases involving family violence. Step 3: Temporary Orders During the waiting period, either spouse can request temporary orders to address issues like: Who stays in the home Child custody and visitation Temporary child or spousal support Who pays ongoing bills These orders help create stability during the divorce process and remain in effect until the final decree is signed. Step 4: Discovery and Negotiation Both parties will exchange information about assets, debts, income, and other relevant matters through a process called discovery . This may include: Financial disclosures Interrogatories (written questions) Requests for documents Depositions Once both parties understand the full financial picture, negotiation or mediation often follows. Many divorces are resolved through settlement —without going to trial. Step 5: Final Hearing or Trial If a settlement is reached, the terms are presented to a judge for approval during a prove-up hearing. If no agreement is reached, the case proceeds to trial , where a judge will decide all outstanding issues. At the end of this step, a Final Decree of Divorce is signed, officially ending the marriage and outlining all terms of the divorce. Step 6: Post-Divorce Matters Even after a divorce is finalized, you may need to address: Modifications to custody or support Enforcement of court orders Name changes or property transfers Our team is here to support you through every stage—even after your case is closed. Why Legal Guidance Matters Divorce impacts nearly every part of your life—your finances, your family, and your future. Having an experienced family law attorney ensures your rights are protected and that the process goes as smoothly as possible.  At Davis, Ermis & Roberts, P.C. , we take pride in helping clients navigate divorce with dignity, clarity, and strong legal support. Whether your case is simple or complex, we’re committed to helping you move forward with confidence. Considering Divorce? Let’s Talk. Contact Davis, Ermis & Roberts, P.C. today at (817) 265-8832 to schedule a confidential consultation.

Chapter 7 vs. Chapter 13 Bankruptcy in Texas: Which Is Right for You?

By Davis, Ermis & Roberts, P.C. • July 11, 2025
Facing overwhelming debt can feel like you're stuck with no way out—but bankruptcy may offer a real path to financial relief. At Davis, Ermis & Roberts, P.C., we’ve helped countless individuals and families across North Texas take control of their finances and get a fresh start through bankruptcy. If you're considering bankruptcy, the first big question is often: Should I file for Chapter 7 or Chapter 13? Let’s break down the differences and help you understand which option might be best for your situation. What is Chapter 7 Bankruptcy? Chapter 7 bankruptcy, also known as “liquidation bankruptcy,” is designed for individuals who can’t afford to repay their debts. When you file for Chapter 7: Most unsecured debts are discharged , including credit cards, medical bills, personal loans, and more. You may have to give up some non-exempt assets (though Texas has generous exemptions that protect many types of property, including your home, car, retirement accounts, and household items). The process usually takes 3 to 6 months from start to finish. To qualify, you’ll need to pass a means test based on your income and household size. Chapter 7 is ideal if: You have a low income You have mostly unsecured debt You don’t have significant assets at risk What is Chapter 13 Bankruptcy? Chapter 13 bankruptcy, often called “reorganization bankruptcy,” is designed for individuals who have a steady income and want to repay part or all of their debts over time. You’ll work with the court to set up a 3- to 5-year repayment plan. You can keep your assets, including those that might not be protected in Chapter 7. It can help stop foreclosure and allow you to catch up on missed mortgage or car payments. Chapter 13 is ideal if: You earn too much to qualify for Chapter 7 You want to avoid foreclosure or repossession You have non-dischargeable debts (like taxes or child support) that need to be paid over time