Principal Office
15110 Dallas Pkwy #400
Dallas, TX 75248
(972) 233-5700
15110 Dallas Pkwy #400
Dallas, TX 75248
(972) 233-5700
Years Defending Texans
Cases Dismissed
Criminal Cases Handled
Counties Served Across Texas
Available | Serving All of Texas
Few legal disputes are more stressful than wondering where your child will live or how much time you will have together.
Fort Worth child custody lawyers at the Law Offices of Richard C. McConathy step in whether the issue surfaced during a divorce filing, a co-parent’s refusal to follow an existing order, or a sudden safety concern that cannot wait for a regularly scheduled hearing.
Tarrant County family courts decide custody based on the best interest of the child standard, and the parent who shows up to that process unprepared starts disadvantaged, which is difficult to recover from later.
A parent who documents involvement, responds to violations quickly, and understands what the court actually weighs gives their case a stronger foundation than one built on assumptions about what judges typically do.
Custody emergencies do not run on business hours, which is why the firm is available 24/7. Call 972-233-5700 now or contact us online to speak with Richard McConathy directly.
McConathy Law represents Fort Worth parents in custody and conservatorship disputes with over 6,000 cases handled and over 1,000 cases dismissed across North Texas and direct attorney involvement on every file.
Richard McConathy reviews the specific facts of your custody situation personally, not through a paralegal screening call.
Custody emergencies, including a co-parent withholding a child or a sudden safety concern, require immediate legal action regardless of the hour. Richard McConathy is available around the clock to advise on emergency filings and immediate next steps.
Richard McConathy has handled more than 6,000 cases throughout North Texas, building direct familiarity with how Tarrant County family courts evaluate custody evidence and conservatorship disputes.
You work with Richard McConathy directly from your first call through your final hearing. No case manager handles your file, and no associate takes over while the attorney you hired works on something else.
Call 972-233-5700 or contact us online any time, day or night.
A Tarrant County court decides child custody based on the best interest of the child standard under Texas Family Code Section 153.002, applying factors the Texas Supreme Court established in Holley v. Adams, 544 S.W.2d 367 (Tex. 1976).
Texas law uses conservatorship to describe decision-making authority and possession and access to describe the physical custody schedule, and the two are decided separately.
Courts start with a presumption that joint managing conservatorship serves the child’s best interest, meaning both parents share decision-making authority on major issues.
That presumption does not guarantee equal possession time, and one parent is typically designated to determine the child’s primary residence for school and address purposes.
Tarrant County family court judges evaluate custody cases through a specific set of factors that go beyond a parent’s stated intentions. The following considerations carry the most weight in a contested Fort Worth custody hearing:
A Fort Worth parent who builds a documented record of involvement well before any hearing date puts their attorney in a stronger position than one who tries to reconstruct that history after a custody dispute has already started.
A custody order violation in Tarrant County is addressed through a motion for enforcement filed in the court that issued the original order.
Violations include denying scheduled possession time, failing to return a child at the agreed time, and making unilateral decisions on matters that require joint agreement under the existing conservatorship terms.
The strength of an enforcement case depends almost entirely on how well the violations were documented as they happened, not reconstructed afterward from memory.
A custody violation justifies an emergency filing in Fort Worth when the child’s immediate safety is at risk, not simply when a co-parent is being difficult about a scheduled exchange.
Emergency temporary orders are available when a parent can show the child faces an immediate danger that cannot wait for a standard hearing date.
This is a different and higher standard than a routine possession dispute, and an attorney evaluates whether your specific situation meets that threshold before filing.
A Tarrant County custody order is modifiable when a parent shows a material and substantial change in circumstances has occurred since the order was entered, under Texas Family Code Section 156.101.
The parent requesting the modification carries the burden of proving both the change itself and that the requested modification serves the child’s best interest.
Texas courts recognize specific categories of change as grounds for modification, and a Fort Worth parent considering this step benefits from understanding which category their situation fits before filing. Common qualifying changes include the following:
The court’s modification order generally takes effect when it is signed, or on another effective date specified by the court, which is one of the more counterintuitive aspects of Texas custody law and a reason a delay in filing carries a real cost.
A Tarrant County custody case moves through a series of defined stages between filing and final resolution, and knowing what happens at each one helps a parent understand where their case currently stands.
The timeline below reflects how a typical contested custody matter progresses through Tarrant County family courts, though the exact pace depends on the court’s docket and whether the parties reach agreement before trial becomes necessary.
| Stage | What Happens | Typical Timeframe |
| Filing and Service | The petition is filed and formally delivered to the other parent | Day 1 to 2-3 weeks |
| Temporary Orders Hearing | The court sets interim custody, possession, and support terms while the case is pending | 2 to 6 weeks after filing |
| Discovery | Both parents exchange financial records, school records, and other relevant documentation | 2 to 6 months |
| Mediation | A neutral mediator helps the parties attempt to reach an agreement before trial | Often required before a trial date is set |
| Final Hearing or Trial | The court issues a final ruling if mediation does not resolve the case | 6 months to over 1 year from filing |
The temporary orders hearing carries more weight than many parents expect going in. Whatever schedule and terms the court sets at that early stage often become the practical reality for months while the rest of the case proceeds, and judges are sometimes reluctant to disrupt an arrangement that already appears to be working by the time the final hearing arrives.
A parent who treats the temporary orders hearing as a formality, rather than as a phase that shapes the rest of the case, frequently finds themselves negotiating from a weaker position later on.
Yes, Texas courts grant emergency temporary orders when a parent demonstrates the child faces immediate danger that cannot wait for a standard hearing date.
This is a higher legal standard than general concerns about a co-parent's judgment or parenting choices. An attorney evaluates the specific facts of your situation against that standard before filing, since an emergency filing that does not meet the threshold can affect how the court views your case going forward.
Call 972-233-5700, available 24/7, to discuss whether your situation qualifies.
Filing first in a Tarrant County custody matter establishes the case in your preferred court and starts the formal record of your position, but it does not give one parent an automatic advantage in how the court ultimately decides conservatorship and possession.
What matters more is the documented evidence each parent presents about their involvement and the child's best interest. Filing first does provide procedural benefits worth discussing with an attorney before deciding when to act.
Texas grandparent access is limited and requires meeting a specific legal standard under the Texas Family Code, generally involving a showing that denial of access would significantly impair the child's physical health or emotional well-being.
Grandparents do not have an automatic right to custody or visitation simply based on the relationship. The legal threshold is intentionally high, and an attorney evaluates whether a specific family situation meets it before filing.
Texas family law uses conservatorship to describe legal decision-making authority over a child's education, medical care, and upbringing, while possession and access describes the physical schedule of when the child lives with each parent.
Both terms replace the older general use of the word custody in Texas court orders, and both are addressed separately within the same case.
No. Most Tarrant County custody cases default to the Standard Possession Order, but courts depart from it when specific circumstances require a different arrangement, including long-distance parenting situations, a parent's irregular work schedule, or documented safety concerns.
A judge has discretion to approve a modified schedule when the standard framework does not fit the family's actual circumstances.
A contested Tarrant County custody case typically takes six months to over a year, depending on the court's docket, whether mediation resolves the dispute, and how much discovery and expert evaluation the case requires.
Cases involving allegations of family violence or substance abuse often take longer due to additional investigation and evaluation requirements.
A 16-year-old does not have the legal authority to unilaterally refuse a Texas custody order, though practical enforcement becomes more difficult as a child gets older.
Courts give weight to a child's preference starting at age 12, and that weight generally increases with age and maturity, but the existing court order remains legally binding until modified through the proper court process.
Richard McConathy has handled over 6,000 cases across North Texas family and civil courts, working directly with every client from the first consultation through final resolution.
The firm is available 24/7 because custody emergencies do not check the clock before they happen.
Call 972-233-5700 now or contact us online to speak directly with Richard McConathy about your Fort Worth custody matter.
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