Child Custody

Child Custody Attorney in Katy, TX

Nearly a Decade of Family Law Experience, & You’ll Work Directly With Attorney Fischer

A child custody case puts everything that matters most at risk. The decisions made in a Texas custody proceeding can shape your day-to-day relationship with your child for years to come. At Fischer Law Firm P.C., Attorney Mark Fischer brings nearly a decade of family law experience to every case and handles each one personally. When you call, you’re likely to reach him directly. Your case won’t be handed off to a paralegal or managed by someone who doesn’t know your situation.

Attorney Fischer also has firsthand personal experience with family law matters. That experience shapes how he approaches these cases and how he works with clients navigating one of the most difficult periods of their lives. We’ve represented both mothers and fathers in Katy child custody matters.

Ready to talk through your situation? Call (346) 444-1050 to schedule a no-obligation evaluation with Attorney Mark Fischer.

How Texas Law Defines Child Custody

Texas doesn’t use the word “custody” in the Family Code. What most parents think of as custody is legally called conservatorship, and it governs a parent’s right to make decisions about the child’s upbringing: healthcare, education, primary residence, and similar matters. A related but separate concept, possession and access, governs the actual time each parent spends with the child.

Texas courts most commonly award Joint Managing Conservatorship (JMC), in which both parents share decision-making responsibilities. Even under JMC, the child typically lives primarily with one parent, and possession time isn’t automatically divided 50/50. Sole Managing Conservatorship (SMC) gives one parent primary decision-making authority. Courts may consider SMC when there are documented safety concerns, a history of family violence, substance abuse issues, or a demonstrated inability of one parent to cooperate in the child’s upbringing.

Rights associated with conservatorship generally include:

  • Making health, education, and welfare decisions for the child
  • Access to medical and school records
  • Acting as the child’s legal representative in certain matters
  • Receiving child support in applicable arrangements

How Texas Courts Decide Custody Cases

Every custody determination in Texas is governed by the best interests of the child standard. Judges don’t favor either parent based on gender. Instead, they weigh a defined set of factors, commonly called the Holley factors, to assess what arrangement may serve the child’s interests.

Those factors include the child’s own desires if they’re of sufficient age and maturity, each parent’s ability to meet the child’s current and future emotional and physical needs, any danger to the child’s well-being, each parent’s parenting abilities, and the stability of the home each parent can provide. Practical considerations also matter: the child’s age, each parent’s work schedule, the distance between households, and how well each parent can cooperate with the other.

A custody case is formally initiated through a Suit Affecting the Parent-Child Relationship (SAPCR), the legal proceeding Texas uses to establish or modify conservatorship and possession arrangements.

Possession Schedules in Katy Custody Cases

Once conservatorship is established, the court sets a possession and access schedule that determines when each parent has the child. Texas provides two standard frameworks for children ages 3 and older.

The Standard Possession Order (SPO) is the default. It establishes regular weekend possession, Thursday evening visits, defined holiday schedules, and extended summer time for the non-primary parent. The Expanded Standard Possession Order (E-SPO) goes further, replacing fixed clock times with school-based transitions so the non-primary parent can have possession from school dismissal through school resumption. This adds meaningful time during the week and on weekends.

For children under age 3, courts typically set a modified schedule with shorter intervals suited to the child’s developmental needs. Parents who agree on a different arrangement may present a customized parenting plan to the court. If the judge finds it serves the child’s best interests, that plan becomes the binding order.

Modifying or Enforcing a Custody Order in Texas

Circumstances change, and Texas law allows parents to seek modification of an existing custody order when there has been a material and substantial change in circumstances since the order was entered. Common grounds include a parent’s relocation, a significant change in employment, the child’s evolving needs, or new safety concerns. As a child matures, their expressed preferences may also carry weight with the court.

A parent seeking modification files a Petition to Modify in the same court that issued the original order, which retains continuing exclusive jurisdiction over the case. Modification requests are evaluated under the same best-interests standard used in the original proceeding, so the bar is meaningful. When a parent isn’t complying with the existing order, enforcement remedies are available through the court as well.

Why Katy Parents Work With Fischer Law Firm P.C.

In a contested custody matter, attorney availability matters. Delays in communication, cases managed by rotating staff, and attorneys who are hard to reach all create procedural risk and unnecessary stress. At Fischer Law Firm P.C., you work one-on-one with Attorney Mark Fischer from the first consultation through resolution. He answers the phone, he knows your case, and he’s accessible when you have questions. We represent both mothers and fathers and pursue focused, effective solutions, not unnecessarily prolonged proceedings. 

Schedule a No-Obligation Evaluation With Attorney Mark Fischer

If you’re facing a custody dispute, a modification request, or questions about your rights as a parent in the Katy area, we’re ready to help. Call to speak with Attorney Fischer directly and get a clear picture of where your case stands and what your options are.

Call (346) 444-1050 to schedule a no-obligation evaluation with Fischer Law Firm P.C..

Why Choose Fischer Law Firm P.C.?

A Team That's in Your Corner
  • Finding Practical Solutions & Successful Results
  • A Compassionate Attorney Who Empathizes with Clients
  • Offers Reasonable Flat Fees
  • Available on Weekends for Your Convenience
  • When You Call, You Talk to an Attorney
  • We Return Calls in a Timely Manner
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    I HIGHLY recommend him!
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    I am eternally grateful for all the help that Mark provided with a step parent adoption for my son. The case was difficult but he always kept us in the loop, returned calls and emails promptly and was patient with any questions and concerns. Thank you for everything Mark!
    - Marcela

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