Collin County Child Custody Attorney

Navigating child custody disputes is one of the most emotionally challenging experiences a parent can face. At Shemesh Family Law, we understand that nothing is more important than the well-being and future of your children. Led by Amber Shemesh, a top child custody attorney with over 15 years of dedicated experience in North Texas family law, our firm provides compassionate and aggressive representation for parents in Collin County.

Experienced Child Custody Advocacy: Amber Shemesh
With more than 15 years of experience specifically handling child custody cases in Collin County, Amber Shemesh has built a reputation for excellence in the local court system. She understands the nuances of the Collin County district courts and uses her deep knowledge of Texas Family Code to protect her clients' parental rights and the best interests of their children.

 

Serving Families Throughout Collin County
Collin County is one of the fastest-growing regions in Texas, and our firm is proud to serve families in its primary hubs. Whether you are dealing with a new divorce or seeking a modification of an existing order, we are here to help.

Child Custody Lawyers in Plano, TX
Plano families require representation that understands the high-stakes environment of North Texas. We assist Plano residents in navigating complex custody arrangements, ensuring that school schedules, extracurricular activities, and stable home environments are prioritized.

Child Custody Lawyers in Frisco, TX
As Frisco continues to expand, the need for sophisticated legal counsel grows. We work with Frisco parents to develop creative and effective parenting plans that reflect the unique needs of modern, busy families.

Child Custody Lawyers in McKinney, TX
Located near the heart of the Collin County legal system, McKinney is central to our practice. We represent McKinney residents in the local district courts, providing a 'local' advantage through our familiarity with the judges and court staff.

Understanding Texas Custody Laws
In Texas, 'child custody' is legally referred to as 'Conservatorship.' Our firm guides you through the complexities of:
Joint Managing Conservatorship (JMC) vs. Sole Managing Conservatorship (SMC)
Possession and Access (Visitation Schedules)
Child Support and Medical Support
Geographic Restrictions (Relocation)
Rights and Duties of Parents

Contact Shemesh Family Law Today
If you are facing a custody battle or need to modify your current custody order in Collin County, don't go through it alone. Put Amber Shemesh’s 15+ years of experience to work for you.

Contact Shemesh Family Law to Schedule a Consultation

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Child custody cases involve a range of issues that can affect the final arrangement. Our deep knowledge and experience allow us to take on the entire scope of issues surrounding child custody, including:

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Determining legal and physical custody

Drafting and modifying parenting plans

Grandparents’ rights

Custody for same-sex parents

Establishing paternity

Parental relocation

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Our child custody lawyers understand that every custody dispute is unique and we tailor our services to meet each client’s specific needs.

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Factors Considered In Determining Child Custody In Texas
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Ideally, parents are able to work together to create a parenting plan. When parents are unable to come to an agreement, each parent must present their argument and it is up to the court to decide on final arrangements. The best interests of the child are always the primary consideration when the court makes a decision.

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Texas courts do not favor the mother over the father but consider other factors, such as:

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The relationships between each parent and the child(ren)

The health of each parent

The health of each child

Any history of abuse

Each parent’s financial situation

The housing situation for each parent and the distance between their homes

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The most common kind of agreement features a primary (possession more than 50% of the time) and nonprimary custody parent. The Texas Family Code has a Standard Possession Schedule that entitles the nonprimary custody parent to have the children on the first, third and fifth weekends of every month, as well as 30 days of extended summer possession. It is rare for the court to grant sole custody to a parent, but it can happen in certain situations, such as a history of child abuse or health issues.

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How Does The Child Custody Process Work In Collin County Texas? Our Child Custody Lawyers Explain.
 

Child custody disputes are often contentious and filled with strong emotions. But, you can successfully persevere through this process by understanding what steps you need to take to protect your custody rights. The first objective you should accomplish is finding a Collin County child custody attorney to guide you through the process. Moreover, a Dallas County child custody attorney can help you make sure that you file your petition with the appropriate court.

After you determine which court has jurisdiction, you will need to begin filling out the necessary forms. Your lawyer can help you locate the correct documents and guide you as you complete them. Once these forms have been completed, you will then file your petition with the court.

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Next, to inform your spouse that you have submitted a petition, you will need to serve them. You can serve your spouse by hiring a private process server, sending the petition and summons by certified mail if applicable, or through a waiver of service.

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After serving your spouse, you will need to attend mediation before the court will hear your custody case. The courts require mediation in hopes that you and your spouses will be able to find common ground and mutually agree upon a custody plan. No matter how possible you believe that, be sure to collect evidence such as school records, medical records and proof that you are an involved parent. Having evidence to back up your side of the case can significantly increase your chances of earning custody.

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If a custody plan is not able to be produced during the mediation process, then a court hearing will be scheduled. You will have the opportunity to present your side of the case and back your claims up with the evidence you provided to the court.

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Once the hearing has concluded, the judge will hand down a final custody ruling. Be sure to adhere to every aspect of the custody plan otherwise, you could potentially have your custody rights rescinded or your parenting time reduced. Finally, you can always petition the court for a modification if significant changes occur that impact the current parenting schedule.

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Understanding Child Custody: Definition, Purpose, and How Custody is Determined
 

When it comes to family law, one of the most important and emotionally charged matters that families face is child custody. At Shemesh Family Law, we understand the weight that these decisions carry, and our Dallas County child custody attorneys are committed to helping Texas families navigate the legal complexities of child custody.

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What is Child Custody?
 

Child custody refers to the legal arrangement for the care and control of a child following a separation or divorce. It determines who will make major decisions about the child’s life (legal custody) and where the child will live (physical custody). Custody arrangements are designed to prioritize the best interests of the child and ensure their well-being.

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Purpose of Child Custody
 

The primary goal of child custody proceedings is to ensure the child’s safety, stability, and emotional health. Texas family courts aim to create custody arrangements that provide both parents with meaningful involvement in their child’s life, while also minimizing any potential harm or disruption to the child’s routine.

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Child custody decisions are based on the child’s best interests, which may include several factors such as the child’s age, needs, the relationship with each parent, and the parents’ ability to cooperate in raising the child.

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Legal vs. Physical Custody
 

Understanding the difference between legal and physical custody is crucial for parents involved in a custody dispute.

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1. Legal Custody
 

Legal custody refers to the right to make major decisions regarding the child’s upbringing, including decisions about education, healthcare, and religious training. In Texas, both parents can share legal custody (joint legal custody), or one parent may have sole legal custody. Joint legal custody means both parents work together to make decisions, while sole legal custody gives one parent the exclusive right to make those decisions.

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2. Physical Custody
 

Physical custody refers to where the child lives on a day-to-day basis. It addresses the practical arrangement of who will provide the child’s daily care. In Texas, physical custody is often split into two categories: primary custody and visitation.

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Primary Physical Custody: One parent is designated as the primary custodian, and the child will primarily live with them.

Visitation (Possession and Access): The non-custodial parent is typically granted visitation rights to spend time with the child. The visitation schedule can be structured in many ways, from regular weekends to holidays and extended breaks, depending on the circumstances and what is best for the child.

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Navigating Your Family’s Future with Shemesh Family Law
When it comes to your children, nothing is more important than ensuring their safety, stability, and happiness. In Texas, the area of law commonly referred to as 'child custody' is technically known as 'conservatorship.' At Shemesh Family Law, lead attorney Amber Shemesh uses her 15 years of experience in Collin County to help parents navigate these complex legal waters with clarity and purpose.

1. Terminology: Conservatorship vs. Custody
Texas law uses the term 'Conservatorship' to describe the legal relationship between a parent and a child. This is broken down into two main categories: Joint Managing Conservatorship (JMC) and Sole Managing Conservatorship (SMC).
Joint Managing Conservatorship (JMC): This is the legal presumption in Texas. It means that both parents share in the rights and duties of raising the child, even if the child lives primarily with one parent. It encourages both parents to remain active participants in educational, medical, and religious decisions.

Sole Managing Conservatorship (SMC): If a court finds that joint custody would not be in the child's best interest—often due to history of family violence, neglect, or substance abuse—one parent may be appointed as the Sole Managing Conservator, granting them the primary right to make most decisions for the child.

2. Rights and Duties of a Conservator
In an in-depth custody arrangement, the 'rights and duties' are the core of the legal agreement. These include:
The right to receive information from the other parent concerning the health, education, and welfare of the child.
The right to confer with the other parent before making a decision concerning the child's health, education, and welfare.
The right of access to medical, dental, psychological, and educational records.
The right to consult with a physician, dentist, or psychologist of the child.
The right to attend school activities.
The right to be designated on the child’s records as a person to be notified in case of an emergency.

3. Possession and Access (Visitation Schedules)
While conservatorship covers decision-making, 'Possession and Access' refers to when each parent actually spends time with the child.
Standard Possession Order (SPO): The SPO is the default schedule in Texas for parents living within 100 miles of each other. It typically grants the non-custodial parent time on the 1st, 3rd, and 5th weekends of every month, alternating holidays, and 30 days in the summer.
Expanded Standard Possession Order (ESPO): Becoming increasingly common, the ESPO allows for more frequent overnights, often starting the weekend on Thursday when school lets out and ending when school resumes on Monday morning. This allows for a more balanced '50/50' feel to the schedule.

4. The "Best Interest of the Child" Standard
In every custody case, the court's primary consideration is the 'Best Interest of the Child.' Texas judges look at a variety of factors, often known as the 'Holley Factors,' which include:
The desires of the child (if of sufficient age, typically 12+).
The emotional and physical needs of the child now and in the future.
The emotional and physical danger to the child now and in the future.
The parental abilities of the individuals seeking custody.
The programs available to assist those individuals to promote the best interest of the child.
The stability of the home or proposed placement.

5. Geographic Restrictions and Relocation
In North Texas, it is common for a court to impose a 'geographic restriction' on the child’s primary residence. This usually limits where the primary parent can live with the child to a specific county (e.g., Dallas, Collin, or Denton) and its contiguous counties. This ensures that the other parent can maintain their visitation schedule without an undue travel burden.

6. Child Support and Medical/Dental Support
Financial support is a critical component of a custody order. Texas uses specific guidelines based on a percentage of the non-custodial parent’s net resources (e.g., 20% for one child, 25% for two). Additionally, the court will assign responsibility for health and dental insurance and the payment of uninsured medical expenses.

7. When Things Change: Modifications
Life doesn't stay the same. As children grow or parents change jobs or relocate, the existing court order may no longer work. To legally change an order, you must file a 'Suit curios Modification.' The court will grant the change if it is in the child's best interest and the circumstances of the child or a parent have materially and substantially changed.

Expert Advocacy with Amber Shemesh
With 15 years of experience in the DFW metroplex, Amber Shemesh knows that child custody cases require a delicate balance of aggressive advocacy and compassionate negotiation. We strive for 'win-win' scenarios in mediation, but we are fully prepared to litigate in court when your child’s safety and well-being are on the line.

Take the First Step Today
If you are facing a custody dispute or need to update a current parenting plan, contact Shemesh Family Law. Our team is dedicated to protecting your rights and your children's future across Dallas, Collin County, Denton, Tarrant, and surrounding counties.

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Collin County Child Custody Attorneys Discuss the Custody Process - An Overview

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Understanding the Child Custody Process in Texas
A Step-by-Step Guide to Protecting Your Parental Rights
Navigating a child custody case can feel like an emotional maze. At Shemesh Family Law, we believe that transparency is the key to reducing stress. Whether you are going through a divorce or are an unmarried parent seeking legal rights, understanding the "Suit Affecting the Parent-Child Relationship" (SAPCR) process is the first step toward a stable future for your children.

Here is how the child custody process typically unfolds in North Texas courts.

Step 1: Filing the Suit (SAPCR)
Every custody case begins with a legal filing. If you are married, this is usually part of the Original Petition for Divorce. If you are not married, we file a Suit Affecting the Parent-Child Relationship (SAPCR).

The Goal: To establish legal parentage, determine where the child will live, and set a schedule for visitation and child support.
Local Action: Once filed in counties like Parker, Kaufman, or Collin, "Standing Orders" often go into effect immediately, preventing either parent from hiding the child or changing their school or insurance.
Step 2: Temporary Orders Hearing
Because a final custody order can take months to complete, the court often holds a Temporary Orders Hearing shortly after the case is filed.

Why it Matters: This hearing establishes the "rules of the road" while the case is pending. The judge will decide who has temporary primary custody, what the visitation schedule looks like, and the amount of temporary child support.
Strategy: At Shemesh Family Law, we treat this hearing with high priority, as temporary orders often set the tone for the final outcome.
Step 3: Discovery and Evidence Gathering
This is the "investigative" phase of the process. We gather the necessary information to build your case for the "best interest of the child." This may include:

School and medical records.
Social media evidence or communication logs between parents.
In complex cases, a Child Custody Evaluation or the appointment of an Amicus Attorney (a lawyer for the child’s best interests).
Step 4: Mediation (The Resolution Phase)
In almost every North Texas county (including Denton, Johnson, and Rockwall), judges require parents to attend mediation before they are allowed to go to trial.

The Process: A neutral third-party mediator helps both parents reach an agreement.
The Benefit: Mediation gives you control. You can create a custom parenting plan that a judge might not have the flexibility to grant. Most of our successful cases at Shemesh Family Law are resolved here, saving our clients time, money, and emotional exhaustion.
Step 5: The Final Hearing or Trial
If mediation fails, your case will proceed to a final trial before a judge (or occasionally a jury).

The Ruling: The judge will hear testimony and review evidence to make a final ruling based on the Best Interest of the Child.
Terminology: The judge will designate Conservators (Texas’s legal term for custodians) and outline specific rights and duties regarding education, healthcare, and residency.
Step 6: The Final Decree and Possession Order
Once a settlement is reached or a judge rules, we draft a Final Decree or Order in Suit Affecting Parent-Child Relationship. This document is a binding contract.

The Schedule: It will include a "Possession Order" (the calendar of when you have the child).
Enforceability: Once the judge signs it, this order is enforceable by law. If the other parent violates it, we can return to court for enforcement.
Why You Need Shemesh Family Law by Your Side
The child custody process is governed by strict Texas statutes, but it is applied differently in every county. A judge in Weatherford may have different expectations than a judge in McKinney.

At Shemesh Family Law, we provide:

Local Expertise: Extensive experience in Parker, Kaufman, Collin, and Denton County courts.
Child-Centered Advocacy: We focus on solutions that protect your child’s emotional and physical well-being.
Aggressive Litigation: If the other parent is unreasonable, we are prepared to fight for your rights in the courtroom.
Don't navigate this process alone. Contact Shemesh Family Law today to discuss your custody case and learn how we can help you secure a bright future for your family.