Boswell Law Firm’s seasoned Galveston custody attorney provides mindset-first representation for Texas conservatorship cases, helping parents navigate joint managing conservatorship, sole managing conservatorship, and possessory conservatorship arrangements through mediation or litigation while remaining focused on children’s best interests.

Key Takeaways:

• Texas recognizes three custody arrangements: Sole Managing Conservatorship (one parent makes major decisions), Joint Managing Conservatorship (parents share rights with possible allocation of specific decisions to one parent), and Possessory Conservatorship (visitation rights without decision-making authority).

• Mediation in Texas custody cases costs less than litigation, resolves faster, maintains privacy, allows parents to control decisions rather than judges, and creates customized parenting plans while reducing emotional trauma for children by avoiding adversarial courtroom battles.

• Texas courts determine custody based on the child’s best interests by evaluating each parent’s ability to provide safe, stable housing, meet the child’s physical and emotional needs, maintain bonds with both parents, willingness to encourage the other parent’s relationship, and any history of family violence or substance abuse.

If you’re facing a custody dispute—whether through divorce, separation, or as an unmarried parent—you’re navigating one of the most emotionally intense experiences any parent can go through. When temperatures flare, it’s easy for the situation to spiral out of hand, which is why it’s important to work with a legal professional who focuses on the future and is committed to protecting your and your kids’ emotional wellness. 

At Boswell Law Firm, we believe in leading with solutions that offer opportunities for growth. Our lead Galveston custody attorney, Duana Boswell-Loechel, is not only board-certified in family law by the Texas Board of Legal Specialization but also an advocate dedicated to helping you approach custody with a mindset-first approach. 

Endless conflict and court battles benefit no one, least of all your children. Let our team show you a better way to navigate this transition. Book your complimentary case evaluation today to learn more about how we can assist you.

How Does Custody Work in Texas?

Custody is referred to as “conservatorship” in Texas and refers to the legal rights and responsibilities a person has for a child. There are three main custody arrangements possible:

• Sole Managing Conservatorship (SMC) – This means only one parent has the legal right to make certain decisions concerning the child’s upbringing.

• Joint Managing Conservatorship (JMC) – This means the rights and duties of a parent are shared by both parents. However, exclusive right to make certain decisions (like where the child lives) may be allocated to one parent.

• Possessory Conservatorship – This means a parent has the right to possession of and access to the child, but does not have the legal right to make major decisions about the child’s upbringing. This parent typically has visitation rights and a possession schedule, but the other parent (who holds sole managing conservatorship) makes the primary decisions.

Texas courts prioritize the best interests of the child in every custody case, which they generally believe to be a joint managing conservatorship. Of course, if JMC is not in the best interests of the child (because it does not support the safety or stability of the child), they will consider an SMC when substantial evidence exists to prove so. Our skilled Galveston custody attorney will work closely with you to review the circumstances of your situation and craft a strategy for moving forward that reflects your child’s overall well-being. 

Can Parents Design Their Own Custody Agreement?

Parents always have the opportunity to create their own custody agreement if they’re able to work cooperatively to do so, and Texas courts generally encourage this. Some parents are able to work out the details themselves or through negotiation between their respective lawyers. Others may need a more structured environment to collaborate, which is where mediation can be a beneficial tool. 

In this method of alternative dispute resolution, parents work with a neutral third-party who is trained in conflict resolution to finalize a custody agreement they both agree on. The more detailed a parenting plan is, the more positive impact it is likely to have, so it’s always recommended to cover issues like holidays, summer breaks, communication methods, and more in addition to custody. 

Mediation also offers other advantages:

• It costs significantly less than litigating custody disputes in court

• Cases typically resolve faster than waiting for court dates and trial schedules

• Custody arrangements are kept private rather than creating public court records

• Parents are allowed to maintain control over decisions rather than having a judge decide

• It creates an opportunity to design more flexible, customized parenting plans that fit your family’s unique needs

• Emotional trauma is reduced for children by keeping parents out of adversarial courtroom battles

• And more!
  

Our experienced Galveston custody attorney can help you determine whether mediation is right for your case and ensure your interests are protected throughout each step of the process. 

What If Parents Can’t Agree on Custody?

When parents can’t agree on custody, the court must step in to decide. As already discussed, Texas courts always prioritize the child’s best interests, which means a judge will consider factors like:

• Each parent’s ability to provide a safe, stable home environment
• The child’s physical, emotional, and developmental needs
• Each parent’s ability to meet those needs consistently
• The child’s relationship and bond with each parent
• Each parent’s willingness to encourage a relationship with the other parent
• History of family violence or abuse by either parent
• Substance abuse issues that affect parenting ability

If litigation does become necessary, you can trust that our assertive Galveston custody attorney will be your fierce advocate in court and put her 20+ years of legal experience to work for your family. Even in the courtroom, we maintain our mindset-first approach by supporting your emotional well-being throughout the process so you can show up as your best self for your children.

Why Work With Boswell Law Firm’s Galveston Custody Attorney?

Your relationship with your children matters more than anything, and protecting that relationship requires a custody arrangement that gives you meaningful time together and preserves your role in their lives. At Boswell Law Firm, we understand the intense emotions that come with custody disputes, and we strive to treat every client the way we would want to be treated if the roles were reversed. You can trust us to help make sure your family is able to thrive in the next chapter! Book your free case evaluation today to get started.