15 Questions to Ask a Texas Custody Lawyer (and Why Each One Matters)

In a Texas custody consultation, ask questions that translate your parenting goal into the rights a judge can actually enforce: conservatorship, possession and access, the right to designate primary residence, child support, and county procedure. These topics are governed mainly by Tex. Fam. Code Ch. 153 and Tex. Fam. Code Ch. 154.

Since 2006, Warren & Migliaccio, L.L.P. has guided North Texas parents through these consultations. We are Lead Counsel Verified and serve Dallas, Collin, Denton, and Tarrant counties from our offices in Richardson, Dallas, and Prosper. If you want to walk through the questions below with one of our attorneys before your meeting, call (888) 584-9614 for a free consultation.

What “Custody” Actually Means in a Texas Court Order

Most parents searching for a “custody” lawyer are using a word their court order will not. Texas family courts decide these cases under Chapter 153 using terms like conservatorship, possession and access, and the exclusive right to designate the child’s primary residence. Knowing the translation before you sit down with an attorney lets you ask the right question and hear the right answer.

Translate Your Goal Into Texas Order Terms

The strongest custody consultation is the one where the lawyer can quickly identify what you actually want and translate it into Texas-court terms a judge can sign. So before you walk in, it helps to know the seven decision points your goal will get converted into.

Here is what your “I want custody” really becomes once a Texas judge has to write the order:

1. Conservatorship type. JMC or SMC, and what each one changes about decision-making and possession.²
2. Decision rights. Whether each parent has independent, joint, or exclusive authority over education, medical care, psychiatric care, and the child’s marriage as a minor.¹
3. The right to designate primary residence. With or without a geographic restriction. This single term controls whether the other parent can move the kids hours away.
4. Possession schedule. Standard Possession Order, expanded SPO for some parents who live 50 miles or less apart, or an alternative schedule that fits how your family actually lives. Tex. Fam. Code § 153.3171.³
5. Child support calculation. Texas guideline percentages, the income cap, and offsets like health-insurance premiums.⁴
6. Safety provisions. Supervised exchanges, no-contact terms, and restrictions tied to family violence findings.⁵
7. Modification rights and jurisdiction. What triggers a future modification under Chapter 156, and which state has authority under the UCCJEA if a parent or child has crossed state lines.^6,7

When your consultation framework is “translate goal into Texas order terms,” the right questions just surface naturally. The lawyer who can do this translation in the first 20 minutes is usually the right lawyer for the case.

Not every custody consultation needs the same questions. Use the tool below to turn your facts into a short agenda you can bring to your lawyer.

Who This Helps vs. Who Needs Something Else

This consultation guide works best for:

• Texas parents in Dallas, Collin, Denton, or Tarrant counties preparing for a first custody consultation
• Parents weighing whether to file an original SAPCR or a modification
• Unmarried parents establishing initial conservatorship and possession
• Parents with an existing Texas order who want to know what to ask before changing lawyers

It is not the right starting point for:

• Parents in active emergency or family-violence situations (call 911 first, then a lawyer)
• Out-of-state parents with no Texas connection (UCCJEA jurisdiction questions need a different starting point)
• Parents already represented by counsel and asking about case strategy mid-litigation (those questions belong with current counsel)

If You've Already Been Served

If you have been served with a Texas custody petition, the answer deadline controls everything else. Under Texas Rule of Civil Procedure 99 (as of 2026), your written answer is due by 10:00 AM on the Monday following the expiration of 20 days from service. Miss it and the other side can take a default judgment. Call a lawyer the same day. Every consultation question below comes second to that deadline.

Questions to Ask Before You Hire (Pre-Consultation)

These are the five questions worth asking before you ever sit down. They tell you whether the lawyer is the right fit before you spend a full consultation hour finding out.

1. How many Texas custody cases do you handle each year, and in which counties?

You want a lawyer who is in family court regularly, not occasionally. Local familiarity matters. A lawyer who tries cases in Dallas, Collin, Denton, and Tarrant counties knows the judges, the mediators, and the unwritten rules in each courthouse. We have been doing this since 2006 and Lead Counsel Verified, and the local-court familiarity is one of the things clients tell us made a real difference.

2. What does your fee structure look like (retainer, hourly, billing increments, replenishment)?

Cost questions are not rude. They are essential. Ask about the retainer amount, the hourly rate, the billing increment (six-minute? fifteen-minute?), and what happens when the retainer runs low. Also ask whether a free consultation is offered, because it usually is, and whether Texas Family Code § 106.002 (as of 2026) might apply in your case.⁸ Under that statute, a court can order one parent to pay the other's attorney's fees in some custody cases. (Reddit threads on this exact topic show how universal the cost anxiety is. You are not alone in asking.)

RELATED: Custody Lawyer Cost in Texas: Realistic Fees, Retainers, and What Drives the Bill

3. Will you personally handle my case, or will it be handed off to an associate or paralegal?

This is just a fairness question. If the senior attorney sells you the case but the junior attorney runs it, you should know. What we've found works best is telling our clients up front who is on the file. We do not hide behind a name partner.

4. What is your typical communication cadence (emails, phone calls, scheduled check-ins)?

Setting expectations early prevents the most common complaint clients have about lawyers, which is silence. Ask how often you will hear from the office, who will return calls, and how fast. We will keep you posted at every stage. That is just how we work.

5. Do you handle related matters in-house (child support, modifications, enforcement, family violence orders)?

Custody disputes rarely stay neatly inside one box. Child support, enforcement, modifications, and protective orders often layer in. A firm that handles all of these in-house can move faster when something new comes up. Bouncing between three different lawyers is how cases stall.

Questions to Ask During the Consultation

These are the five questions to ask the attorney during the consultation. They force the lawyer to translate your facts into Texas-court terms, which is the entire point of the meeting.

6. Based on what I've told you, what conservatorship structure (JMC, SMC, or specific rights allocation) is realistic in my case?

This is the single most important question in the whole consultation. Texas Family Code § 153.131 (as of 2026) presumes joint managing conservatorship for both parents.² Overcoming that presumption requires evidence. The lawyer's answer should walk you through what evidence applies to you, not give a generic textbook overview. If the answer feels generic, that is a signal.

7. What does a Standard Possession Order look like in my situation, and what alternative schedules are realistic?

Texas law sets out much of the Standard Possession Order, including the over-100-mile rules, and expanded SPO timing for parents who live 50 miles or less apart. Ask whether expanded SPO, week-on/week-off, or a custom schedule fits your work hours and the kids' school calendar. Tex. Fam. Code §§ 153.311 through 153.317.

8. How does the "best interest of the child" standard apply to my facts specifically?

Texas Family Code § 153.002 (as of 2026) makes "best interest" the guiding principle in every custody case. There is no single statutory checklist for every custody decision. Section 153.134 lists factors for court-ordered joint conservatorship when no agreed parenting plan is filed, and Texas courts also look to the facts and best-interest case law. Holley v. Adams, 544 S.W.2d 367 (Tex. 1976).

9. What are my strongest and weakest facts, and what would the other side likely argue?

Honest answers here are gold. Lawyers who only tell you what you want to hear are setting you up for surprise at mediation. The lawyer should be willing to name the two or three weakest facts in your case and tell you how a competent opposing attorney would use them. We tell clients the hard parts on day one.

10. Will mediation be required before trial in my county, and how do you typically prepare clients for it?

Many North Texas family courts require or strongly expect mediation before a custody case can go to trial, so mediation is often where the case actually settles. Ask how the lawyer prepares clients. Tex. Fam. Code § 153.0071 addresses ADR in SAPCR cases, while collaborative family law is governed by Tex. Fam. Code Ch. 15.¹¹

What to Bring to a Texas Custody Consultation

A focused consultation needs evidence in hand. The right documents shorten the lawyer's investigation phase and let them give you a sharper read on the seven decision points above. Nobody enjoys gathering custody-case paperwork, but the good consultations run on it. So before the meeting, gather these:

• Existing court orders (divorce decree, prior SAPCR, temporary orders, protective orders)
• Child support payment history and any wage-withholding orders
• A 30-day text-message and email log between you and the other parent
• A current school calendar showing exchange days, plus school attendance and report cards
• Police reports, CPS contacts, or medical records relevant to the child's safety
• Your proposed possession schedule (week-on/week-off, SPO, modified SPO, etc.)
• Income documentation: last two pay stubs, last tax return, and the cost of the child's health-insurance premium
• A short written summary of what you want the order to say in plain language

Texas Custody-Law Questions to Ask

These five questions cover the Texas-specific issues most consultations skip. Ask them and you will quickly see whether the attorney actually practices Texas custody law or just dabbles.

11. What does Texas Family Code § 153.002 ("best interest of the child") actually mean in my county's courts?

Best interest is the statewide standard, but it plays out a little differently from one county to the next. Local judges weigh emotional needs, parental stability, and the child's preferences in slightly different ways.⁹ A Dallas County answer should not sound identical to a Collin County answer. Ask the lawyer to localize.

12. My child is 12 or older. Would a judge interview them under Texas Family Code § 153.009, and how much weight will that carry?

Texas Family Code § 153.009 (as of 2026) lets a judge interview a child who is 12 or older about their wishes in a custody case.¹² But here is the part most parents miss: the judge interviews the child, the child does not decide. The court still rules based on best interest. Any lawyer who tells you the 12-year-old gets to choose is wrong.

13. If we already have an order, what are the grounds for modification under Chapter 156?

Chapter 156 of the Texas Family Code (as of 2026) governs modifications.⁶ A court may modify conservatorship, possession, or access if the change is in the child's best interest and one of the statutory grounds applies, such as a material and substantial change, a qualifying age-12 preference about who should designate primary residence, or voluntary relinquishment for at least six months. Tex. Fam. Code § 156.101.

14. My co-parent or my child lives outside Texas. How does the UCCJEA (Texas Family Code Chapter 152) affect jurisdiction?

Texas Family Code Chapter 152 (as of 2026) is the Uniform Child Custody Jurisdiction and Enforcement Act, which decides which state's courts have authority when families have crossed state lines.⁷ Most lawyers can file a SAPCR. Fewer can spot a Chapter 152 problem before it derails the case. Ask the question. The answer tells you a lot.

RELATED: UCCJEA Attorney in Texas: What Interstate Child Custody Law Means for Your Case

15. What if there has been family violence or abuse? How does Texas Family Code § 153.004 change the possession analysis?

Texas Family Code § 153.004 (as of 2026) requires courts to consider any history of family violence in the conservatorship and possession analysis.⁵ Texas courts may also issue temporary custody orders early in a case, and the status quo from those temporary orders often shapes the final decision. So protective orders, supervised exchanges, and no-contact terms are all on the table when safety is at stake. Ask the lawyer how they have handled it before.

Texas Statutes That Apply

Here are the Texas statutes that come up most often in a custody consultation. Each one shapes what the lawyer can do for you, so they are worth knowing by name.

Conservatorship and Best-Interest Statutes

These six statutes set who gets what conservatorship rights and how a Texas judge weighs the child's best interest.

• Texas Family Code § 153.002 (as of 2026) sets the "best interest of the child" standard. Every custody question a judge answers runs through this filter.⁹
• Tex. Fam. Code § 153.134 (as of 2026) lists factors for court-ordered joint managing conservatorship when no agreed parenting plan is filed. It is not the sole checklist for every SMC request. Tex. Fam. Code § 153.134.¹⁰
• Texas Family Code § 153.131 (as of 2026) sets the joint managing conservatorship presumption, which is the default starting point in most Texas cases.²
• Tex. Fam. Code § 153.073 (as of 2026) defines a conservator's rights at all times, including information, access to records, consultation, school activity attendance, emergency-care consent, and related rights. Broader decision-making rights are allocated elsewhere in Chapter 153. Tex. Fam. Code § 153.073.¹
• Texas Family Code § 153.009 (as of 2026) lets a judge interview a child who is 12 or older. The judge talks to the child. The child still does not decide.¹²
• Texas Family Code § 153.004 (as of 2026) covers family-violence considerations and the limits they put on possession.⁵

Schedules, Support, Jurisdiction, and Modification

These five statutes shape how the order works once conservatorship is decided: possession schedule, fees, support, jurisdiction, and what happens later if circumstances change.

• Tex. Fam. Code §§ 153.311 through 153.317 (as of 2026) spell out much of the Standard Possession Order and the over-100-mile alternatives; Tex. Fam. Code § 153.3171 addresses beginning and ending possession times for parents who live 50 miles or less apart.³
• Texas Family Code § 106.002 (as of 2026) authorizes a court to order one parent to pay the other's attorney's fees in custody cases.⁸
• Texas Family Code Chapter 152 (as of 2026) is the UCCJEA, which decides which state has jurisdiction when families have moved.⁷
• Texas Family Code Chapter 154 (as of 2026) governs child-support calculation, including the guideline percentages and the income cap.⁴
• Texas Family Code Chapter 156 (as of 2026) sets out the path for modifying an existing custody order when circumstances change.⁶

Mistakes to Avoid (And Bad Advice Online)

The most common mistake we see in consultations is the parent who walks in with internet myths instead of facts. Online forums make confident claims about Texas custody; judges follow the statute, not the thread. So before your meeting, double-check these:

• "The child gets to choose at 12." You may read this online, but Texas law (§ 153.009) lets the judge interview a child 12 or older. The judge still decides based on best interest.¹²
• "Fathers can't get primary custody in Texas." You may read this online, but Texas law requires courts to consider the parents' qualifications without regard to the sex of the parent or the child. Texas also presumes joint managing conservatorship for both parents unless the presumption is overcome. Tex. Fam. Code § 153.003; Tex. Fam. Code § 153.131.²
• "You have to go to trial to win custody." You may read this online, but many Texas family courts require or strongly expect mediation before trial, and the case often settles there.
• "If I'm paying child support, I get more time." You may read this online, but Texas separates child support (Chapter 154) from possession (§§ 153.311 through 153.317). Paying support does not automatically buy parenting time.^3,4
• "The other parent can move with the kids whenever they want." You may read this online, but a Texas order may give one conservator the exclusive right to designate the child's primary residence within a geographic area or without that limit. If a geographic restriction applies, the parent generally must follow it unless the order is changed. Tex. Fam. Code § 153.134(b)(1).

If you are preparing for a Texas custody consultation in Dallas, Collin, Denton, or Tarrant County, we can help. Warren & Migliaccio, L.L.P. has been guiding North Texas families through these conversations since 2006. Call (888) 584-9614 for a free consultation. We will walk you through every one of the questions above so you walk into your meeting prepared, not panicked.

Legal Authorities

1. Tex. Fam. Code § 153.073 (as of 2026), Rights of Conservator at All Times.
2. Tex. Fam. Code § 153.131 (as of 2026), Presumption That Parents Be Appointed Joint Managing Conservators.
3. Tex. Fam. Code §§ 153.311 through 153.317 and Tex. Fam. Code § 153.3171 (as of 2026), Standard Possession Order and beginning/ending possession times for parents who live 50 miles or less apart.
4. Tex. Fam. Code Ch. 154 (as of 2026), Child Support.
5. Tex. Fam. Code § 153.004 (as of 2026), History of Domestic Violence or Sexual Abuse.
6. Tex. Fam. Code Ch. 156 (as of 2026), Modification.
7. Tex. Fam. Code Ch. 152 (as of 2026), Uniform Child Custody Jurisdiction and Enforcement Act.
8. Tex. Fam. Code § 106.002 (as of 2026), Attorney's Fees and Expenses.
9. Tex. Fam. Code § 153.002 (as of 2026), Best Interest of Child.
10. Tex. Fam. Code § 153.134 (as of 2026), Court-Ordered Joint Conservatorship Factors.
11. Tex. Fam. Code § 153.0071 (as of 2026), Alternate Dispute Resolution Procedures; Tex. Fam. Code Ch. 15 (as of 2026), Collaborative Family Law Act.
12. Tex. Fam. Code § 153.009 (as of 2026), Interview of Child in Chambers.

This article is for general information and is not legal advice. Reading it does not create an attorney-client relationship with Warren & Migliaccio, L.L.P. Texas custody law applies to specific facts. For advice on your situation, contact a licensed Texas family-law attorney.