Child Custody Attorney in McKinney, Texas

Custody and Conservatorship for McKinney Families

When McKinney parents separate or divorce, one of the most important decisions involves their children. In Texas, the legal framework for custody is called "conservatorship," and it determines which parent makes key decisions about a child's education, health care, and welfare, as well as where the child primarily lives.

Because McKinney is the seat of Collin County, custody cases filed here are heard at the Collin County courthouse. Lynda Landers has spent 29 years advocating for parents and children in these courts, and her office at 1207 W. University Drive is conveniently located for McKinney families.

Types of Conservatorship in Texas

Joint Managing Conservatorship

Texas courts generally presume that joint managing conservatorship is in the child's best interest. Under this arrangement, both parents share the rights and duties of raising the child. However, joint managing conservatorship does not necessarily mean equal time — one parent is typically designated as the parent who has the right to determine the child's primary residence.

Sole Managing Conservatorship

In cases involving family violence, substance abuse, or other circumstances that make joint conservatorship inappropriate, the court may appoint one parent as the sole managing conservator. The other parent becomes the possessory conservator with limited decision-making authority but typically retains visitation rights.

Possessory Conservatorship

A possessory conservator has the right to possession of and access to the child according to a court-ordered schedule. The possessory conservator retains certain rights during periods of possession and the right to receive information about the child.

The Standard Possession Order (Texas Family Code § 153.312)

Texas Family Code establishes a Standard Possession Order (SPO) that serves as the default visitation schedule for the non-primary parent. The SPO provides for:

• First, third, and fifth weekends of each month (Friday evening through Sunday evening)
• Thursday evenings during the school year
• Extended summer possession (typically 30 days)
• Alternating holidays (Thanksgiving, Christmas, Spring Break)
• Special provisions for the child's birthday and parent's birthday

The SPO can be modified by agreement or by court order when circumstances warrant a different arrangement. For families in McKinney with children in McKinney ISD schools, possession schedules align with the local school calendar.

The Best Interest Standard

Every custody decision in Texas must be guided by the "best interest of the child (Texas Family Code § 153.002)." Collin County judges consider factors including:

• The child's physical and emotional needs now and in the future
• Each parent's ability to provide a stable, loving environment
• The child's wishes (if the child is 12 or older, the court may consider the child's preference)
• Each parent's willingness to support the child's relationship with the other parent
• Any history of family violence or substance abuse
• The stability of each proposed living arrangement

Emergency Custody Situations

When a child faces immediate danger — such as abuse, neglect, or a parent threatening to flee with the child — Texas law allows filing for emergency temporary orders. These requests are heard quickly by Collin County judges, sometimes on the same day. If you believe your child is in immediate danger, contact our McKinney office right away.

Related Family Law Topics

• Divorce in McKinney — custody is often resolved as part of the divorce process
• Child support — financial support obligations typically accompany custody orders
• Property division — dividing marital assets alongside custody matters

For comprehensive custody information, visit our Texas Custody Resource.