FAQ

Whitten Legal

How long will it take to get a temporary custody order?

In emergency cases, a court can issue a temporary order or TRO the same day. Otherwise, temporary hearings usually occur within 2–4 weeks after filing.  However, it depends on the specific court’s schedule.  Sometimes it can take as long as 2 months.

Do I need to take a parenting class?

In many counties—including Collin County—a parenting class is often required before final orders are signed. Online options are often available.

Can we do mediation instead of court?

Yes. Mediation is strongly encouraged and often required before final trial. Many custody cases settle in mediation, with guidance from counsel. 

What happens at a custody hearing?

You (and your lawyer) present testimony, documents, and witnesses. The judge weighs the facts under the best-interest standard and issues temporary or final orders.

What is a parenting plan?

A parenting plan outlines each parent’s rights, possession schedule, decision-making authority, and conflict resolution process. Courts typically incorporate it into final orders.

What’s the difference between custody and conservatorship?

In Texas, “custody” refers to both conservatorship (legal rights and duties) and possession (time). In Texas orders courts use “conservatorship” and “possession and access” instead of “custody”.

Can I get 50/50 custody in Texas?

Yes, if it’s in the child’s best interest. Courts consider proximity, cooperation, and your proposed schedule.

When can a child choose where to live?

At age 12, a child can express a preference—but the judge makes the final decision.

Will the judge speak to my child in court?

Yes, for children 12 and over, if either party requests this the Court is required to speak with the children.  If under age 12, the Court can (but is not required to do so).  The interview is private and handled with sensitivity.  Parents are not allowed to be present.

What if the other parent won’t follow the order?

You can seek enforcement through the court, which may include contempt, fines, or even custody modification.

How long does a modification take?

It depends on the facts and whether it’s contested, but typically 6–12 months in North Texas courts.