Child Custody Attorney · Conroe · Houston · Montgomery County · Harris County

Child Custody Attorney in Conroe, Houston & Montgomery County, TX

Conservatorship, possession schedules, custody modifications, and CPS defense for parents throughout Conroe, Houston, Montgomery County, Harris County, and the surrounding areas. Free consultations available.

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Child Custody Representation in Conroe, Houston, Montgomery County & Harris County

Few legal matters are as emotionally charged for a parent as a child custody dispute. Its outcome shapes how much time you spend with your children, who decides questions about their education and healthcare, and how your family moves forward after a separation or divorce. Our firm handles custody matters throughout Montgomery County, Harris County, and the surrounding areas — whether your case is filed in Conroe or in Houston.

In Texas, the term used is conservatorship rather than custody. Knowing the different types of conservatorship, how possession schedules operate, and what courts weigh when reviewing parenting arrangements is essential to building an effective legal strategy in Montgomery County family courts.

Since 2016, we have represented parents in child custody matters before Montgomery County and Harris County family courts — including contested custody litigation, SAPCR proceedings, modifications, and enforcement actions.


When Both Parents Agree — Uncontested Custody Modifications

Not every custody matter has to be fought out in court. When both parents have already settled on changes to an existing custody order — adjusting the possession schedule, altering a geographic restriction, or other modifications — the process can often move more quickly and at a much lower cost than a litigated modification.

An informal agreement between parents — even one put in writing — is not legally enforceable by itself. Only an order signed by the court can be enforced through contempt proceedings. If you and the other parent have reached an agreement, having it properly entered as a court order is a critical final step.

Flat-Fee Uncontested Custody Modifications — our uncontested divorce service

Qualifying agreed custody modifications can be handled through our uncontested divorce service — attorney-guided, flat-fee, and built for parents who have agreed on every term. A licensed attorney handles the drafting, filing, and court approval from start to finish.

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Custody Services

  • Joint managing conservatorship
  • Sole managing conservatorship
  • Primary residence disputes
  • Standard & modified possession orders
  • Parenting plan negotiation
  • Relocation disputes
  • Emergency custody orders
  • Custody modifications
  • Uncontested modifications
  • Enforcement of custody orders
  • CPS defense & DFPS cases
  • Interstate custody — UCCJEA

Flat-Fee Modifications

If you and the other parent have agreed on all terms, a flat-fee uncontested modification may be available through our uncontested divorce service — attorney-guided from filing through final court order.

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Types of Conservatorship in Texas

Texas law distinguishes between legal rights — who makes decisions about the child — and physical possession — where the child lives and when.

Joint Managing Conservatorship (JMC)

This is the most common arrangement in Texas. Both parents share rights and duties, such as decisions about education, healthcare, and religious upbringing. JMC does not guarantee equal time — one parent is usually designated to establish the child's primary residence, subject to a geographic restriction.

Sole Managing Conservatorship (SMC)

One parent receives exclusive authority to make decisions for the child. Courts grant SMC when joint conservatorship would significantly harm the child's physical health or emotional development — usually in cases involving family violence, substance abuse, neglect, or a parent who is unable to cooperate.

Possessory Conservatorship

The non-primary parent is generally named possessory conservator, receiving court-ordered possession and access. That schedule is typically the Texas Standard Possession Order or a modified arrangement the parties agree to and the court approves.

The Best Interest of the Child Standard

Every custody decision in Texas is guided by the best interest of the child standard. Courts look at how involved each parent is in the child's daily life, how stable each home environment is, the child's relationships with siblings and extended family, each parent's physical and mental health, any history of family violence or substance abuse, and — for children 12 and older — the child's own stated preference.

Knowing how these factors actually play out in practice — not merely on paper — is where experience in Montgomery County and Harris County family courts makes a difference. We have handled these evaluations extensively and understand what courts and evaluators look for when deciding custody.

⚠️ CPS Involvement?

If CPS has opened a case involving your children, contact an attorney immediately. The way you respond during the early stages of a CPS investigation can significantly shape the outcome. We can help you understand the process and protect your parental rights.

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Our Office

141 N. San Jacinto Street
Conroe, TX 77301

Mon–Thu: 8:30 AM – 5:30 PM
Fri: 8:30 AM – 12:00 PM
Sat–Sun: By Appointment

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Key Child Custody Concepts in Texas

Standard Possession Order (SPO)

The default schedule for the non-primary parent. It provides alternating weekends, Thursday evening visits during the school year, alternating holidays, and extended summer possession. Courts may adjust the SPO based on the child's needs and the parents' circumstances.

Primary Residence

The parent designated to set the child's primary residence decides where the child lives, subject to any geographic restriction. Courts often limit primary residence to a specific county or its adjacent counties.

Relocation

Moving a child beyond a court-ordered geographic area without the other parent's consent or a court order breaches the custody order. Relocation disputes rank among the most complex custody matters — stepping in with legal help early is essential.

Child's Preference

A child 12 or older may tell the court which parent they prefer for primary residence. The court weighs that preference but is not bound by it — the best interest standard controls the final decision.

Modifications

An existing order can be modified once there has been a material and substantial change in circumstances. Common grounds include relocation, changes in the child's needs, or a significant change in either parent's situation. When both parents agree, a flat-fee uncontested modification may be available.

The Custody Process in Texas — Conroe & Houston

1

File or Respond

Custody proceedings can begin as part of a divorce, a SAPCR, or a modification of an existing order. We start with a thorough review of your situation and goals before anything is filed.

2

Temporary Orders

In most contested cases, temporary orders are put in place early to govern custody while the matter is pending. Because these interim arrangements often shape the final outcome, getting them right from the outset matters.

3

Mediation

Both Montgomery County and Harris County courts require mediation before most contested custody trials, and many cases settle at this point. We treat mediation as seriously as preparing for trial — the settlement terms become enforceable court orders.

4

Final Order

Whether it comes from agreement or trial, the final order sets out conservatorship rights, the possession schedule, geographic restrictions, and child support. We work to make sure the order is specific, enforceable, and built to last.

Child Custody Attorney Near You

We represent parents in Conroe, Houston, The Woodlands, Spring, Cypress, Humble, Katy, and communities across Montgomery County, Harris County, Fort Bend County, Brazoria County, and Waller County.

Child Custody FAQ — Texas

In Texas, custody — legally known as conservatorship — is decided according to the best interest of the child. Judges weigh factors such as how involved each parent is in the child's daily routine, how stable each household is, the child's bonds with siblings and extended family, the physical and mental health of each parent, any record of family violence or substance abuse, and — once a child is 12 or older — the child's stated preference. Montgomery County courts apply these factors consistently and give considerable weight to a documented history of parenting.
The Texas Standard Possession Order (SPO) serves as the default visitation schedule for the non-primary parent whenever the parents live within 100 miles of one another. Under it, that parent has the first, third, and fifth weekends of each month from Friday evening through Sunday evening, Thursday evening visits while school is in session, alternating holidays, and an extended 30-day summer possession period. The SPO may be adjusted by agreement or court order so it better suits the family's situation.
A child who is 12 years of age or older may submit a written statement to the court naming the parent they would prefer to live with primarily. While the court is required to take that preference into account, it does not have to follow it — the best interest of the child standard still controls the decision. For a child younger than 12, the court is free to consider any stated preference but has no formal obligation to do so.
Yes. A Texas custody order can be changed once there has been a material and substantial change in circumstances since the original order was signed. Typical grounds include a parent relocating, a meaningful shift in either parent's situation, evolving needs of the child, or a parent's remarriage. Any modification must also serve the best interest of the child. Where both parents agree on the terms, a flat-fee uncontested modification may be available through our uncontested divorce service — attorney-guided from filing through the final order.
When a parent breaks a court-ordered custody or possession schedule, that order can be enforced through a motion for enforcement or contempt. Available remedies include make-up possession time, attorney's fees, fines, and — in serious situations — changing the custody arrangement or jail time for the parent who violated it. If a parent removes a child in violation of a custody order, especially across state lines, further criminal and civil remedies may come into play. Contact an attorney right away if this happens.
Yes. Our firm represents parents in custody cases filed in Montgomery County — serving clients in Conroe, The Woodlands, Spring, Tomball, Magnolia, and nearby communities — along with cases filed in Harris County courts for clients in the Houston area. We work in both court systems on a regular basis and can advise on venue and jurisdiction questions when the parents live in different counties.
A Texas custody case is usually filed in the county where the child has lived for the preceding six months. Should both parents later relocate or circumstances shift, the case may qualify for transfer to a more convenient venue — though the original court keeps jurisdiction until the transfer is formally completed. Our firm handles custody matters in both Harris County and Montgomery County and can assess venue questions in cross-county cases.
Your Legal Team

Meet Our Team at the Law Office of Keith Phillips

Keith Phillips — Family Law Attorney & Mediator Conroe TX
KP
Keith Phillips
Attorney & Mediator
TX Bar 2016 Former CPS Family Law
Keith Phillips has been licensed to practice law in Texas since 2016, focusing on family law matters throughout Montgomery County and Greater Houston. Before private practice, Keith worked with Child Protective Services — giving him direct, firsthand insight into how Texas courts evaluate the best interests of children and how decisions affecting families are made at the institutional level.

Keith became a licensed mediator in 2020, and that perspective shapes how he approaches every case — focused on practical, efficient resolution while fully prepared to litigate when necessary. He is a father of five.
Licensed — State Bar of Texas since 2016
Licensed Mediator since 2020
Former Child Protective Services Caseworker
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Kaitlyn Allen — Paralegal, Law Office of Keith Phillips
KA
Kaitlyn Allen
Paralegal
Family Law 12 Years Experience
Family means everything to Kaitlyn Allen — which is exactly why she has spent the last 12 years fighting for families as a family law paralegal. A mother of four, she knows firsthand what's at stake for the clients she serves, so when someone walks in scared, overwhelmed, or unsure of what comes next, Kaitlyn meets them with genuine understanding — not just a case file.

Behind the scenes, Kaitlyn is the one making sure nothing falls through the cracks — preparing documents, coordinating discovery, and tracking every deadline — so clients can focus on their families while she handles the details. What clients remember most is simply how heard she made them feel.
Family Law Paralegal
12 Years of Family Law Experience
Dedicated to Client Support & Communication
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Where We Practice

Serving Greater Houston & Surrounding Counties

This firm represents clients throughout Montgomery, Harris, Fort Bend, Brazoria, and Waller Counties — with our office based in Conroe, steps from the Montgomery County Family Law Courts.

We serve all of Texas for flat-fee uncontested divorce through the Law Office of Keith Phillips — and handle family law matters throughout Montgomery, Harris, Fort Bend, Brazoria, and Waller Counties. Not sure if we serve your area? Call us.
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Attorney advertising. Law Office of Keith Phillips is a Texas law firm. The information on this website is for general informational purposes only and does not constitute legal advice or establish an attorney-client relationship. Prior results do not guarantee similar outcomes. Keith Phillips (TX Bar 2016) is the attorney responsible for this content.