Experienced Child Custody Attorney In Arlington
Last updated on June 17, 2026
When a Texas court makes decisions regarding children, it must decide what is in the best interest of the children. The standard applies whether these matters are part of a divorce, paternity or other court order. Most parents can agree that the court should act in the best interest of the children; however, they often disagree on the specifics, such as the proper support, visitation schedule or custody terms.
At Welch Law Firm, PLLC, attorney Lance Welch starts every case with a conversation so that he understands your goals. As a child custody lawyer in Arlington, he understands that no two children are alike, nor are their cases, so he tailors a personalized approach suited to your needs. He understands that some cases will require him to be as aggressive as the law allows, while others may require cost-effective solutions that both uphold the best interests of the children and protect his client’s legal rights.
Factors That Impact Child Custody Cases
When a court is faced with deciding the best interest of a child, it will potentially look to many factors and the whole of the circumstances. It is the responsibility of the court to weigh those factors and use its own judgment to make a decision. Different courts may give more or less weight to certain factors.
Some notable factors include:
- Child’s preference: Contrary to popular myth, children older than 12 cannot “choose” a custodial parent in Texas. However, once children reach the age of 12, they have the right to express their preference to the judge of their case.
- Parents’ preference: In many cases, parents explicitly express a preference. Some are quite willing to be weekend parents in some circumstances. Other times, the expression is indirect. Parents who showed little interest in their children are not usually good candidates to be the primary parent.
- Status quo: The court will consider the arrangements under which the parties have been operating prior to the court. If one parent has always been the primary caregiver for the child, that parent is likely to continue being the primary caregiver. If the parties have been separated and sharing the children on an equal possession schedule, the court may continue that schedule.
- Child’s special needs: The court will consider the needs of the child and each parent’s ability to meet those needs in making decisions. In certain cases, where the child has a disability, the court may order child support to continue even after the child is 18 and has graduated from high school.
After a divorce, agreements between the parties might be the most important child custody factor. There is a strong presumption in Texas family law for agreed orders. In most cases, as long as the agreement is not clearly contrary to a social worker’s recommendation or the obvious best interests of the child, the judge will approve it.
Common Visitation Arrangements
Under the Texas Family Code, there is currently a presumption that one parent will be named as the “primary parent” and one parent will be provided a “standard” visitation schedule. However, the court always has the power to deviate from the “standard” if they find another option to be in the best interest of the child.
While the Texas Family Code does provide a “standard” schedule which includes weekend visitation, holiday visitation and summer visitation, there are some alternatives available, such as:
- Expanded standard schedule: Under the Texas Family Code, any fit parent has the right to elect an expanded schedule that includes weeknight visitation during the school year. This schedule comes much closer to an equal division of the child’s time.
- 50/50 visitation: While not provided in the Texas Family Code, the court may order an equal possession schedule. This results in a week-on, week-off schedule or a schedule that evenly divides the time of the child between the parents.
- Work-based schedules: Certain parties have work schedules that do not allow them to exercise standard visitation schedules. For example, firefighters have schedules that can vary each month with different days off and so a court might order a schedule that could change each month depending on a party’s work schedule.
Both temporary and final visitation orders are subject to future modification. Generally, a judge will change the visitation schedule if circumstances have materially and substantially changed and the request is in the best interest of the child.
Talk To Attorney Welch Today For Child Custody Support
For a confidential consultation with an experienced child custody lawyer in Arlington, contact the Welch Law Firm, PLLC. Attorney Welch routinely handles these legal matters in Tarrant County and nearby jurisdictions. Call 817-973-3747 or complete this online form for an appointment.
