Child Custody Lawyer in Houston, TX
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A Houston court is about to decide how much of your child’s week belongs to you. That single decision reaches into school nights, weekends, holidays, and the everyday choices that shape your child’s life.
Before anything final is entered, a temporary order can set that schedule for months. In a Harris County custody case, the first ruling often governs daily life long before a trial date arrives, and a parent who walks in without a plan lives inside whatever that early order says.
At Horak Law, we represent parents through contested child custody cases in the Harris County family courts. When the outcome will be decided in a courtroom, it helps to have a firm that has stood in that room before and knows what a Houston judge is weighing.
Why Parents in Houston Bring Custody Cases to Horak Law
Contested custody is decided in hearings, and we prepare every child custody case as though it will reach one. In the Harris County courts, the early settings usually do, so preparation shapes what the judge hears when a temporary schedule is set. That schedule is the one your family lives by while the case is pending.
Our homebase is in The Woodlands, and we keep two Houston offices, on Memorial Drive and on Montrose Boulevard, so the work on a Harris County case happens close to the courthouse where it is heard. Bilingual English and Spanish support is available across the firm.
We Prepare Custody Cases for the Hearing, Not Just the Filing
Matt Horak founded the firm and leads it as managing partner, and he brings more than 23 years of trial experience and more than 100 contested trials to our family law work. For a parent whose case does not settle, that record means the person preparing your custody hearing has argued contested matters in front of a judge many times before.
He first built that courtroom experience as a Harris County prosecutor. Matt Horak was named a Texas Super Lawyer in 2025 and again in 2026, a recognition that reflects peer regard for his work in the courtroom.
Client Testimonials
These reviews reflect individual experiences. Past results do not predict the outcome of any future case.
“From our first meeting, the Horak Law Team demonstrated exceptional professionalism, compassion, and a deep understanding of family law. What impressed me most was the genuine concern for the well-being of my children and commitment to securing an outcome that prioritized their best interests. Mr. Horak and his team was thorough, responsive, and incredibly knowledgeable. Thanks to their dedication and guidance, we achieved a custody arrangement that provides my children with the stability and support they need. I couldn’t be more grateful. I highly recommend Mr. Horak to anyone seeking a trustworthy and effective advocate in a custody matter. You’ll be in very capable hands.” — Renee N.
“I cannot say enough wonderful things about Matt Horak and his team. From the very beginning, Matt and his staff made what felt like an overwhelming and hopeless situation manageable. His staff is warm, professional, and always quick to respond. I especially loved the ease of communicating through their app. It made the entire process so much smoother. Matt himself is kind, compassionate, and truly has a heart for the cause. He took the time to really listen to my concerns and made me feel heard and understood every step of the way. He’s incredibly easy to talk to, which was such a relief when dealing with something as emotional as back child support. My ex owed me $140,000 in back child support, and after getting nowhere with the child support division, I felt completely helpless. I was hesitant to hire a lawyer, but working with Matt turned out to be worth every single penny. He skillfully guided us through the process, and we were able to settle outside of court. I received every penny I was owed, and more. I’m so grateful to Matt and his team for their dedication and heart. If you’re unsure about hiring a lawyer, take this as your sign. Matt Horak will fight for you.” — Elvira G.
“On two prior occasions, I required Legal Representation for family related issues. Both of those experiences were nothing short of a continuous nightmare because the Attorneys and their staff were non-responsive, unavailable, slow to get things done and showed no concern whatsoever for the stresses of my situations. It took an enormous amount of effort on my part just to find out the status of my cases let alone how or when they might move forward. Until I consulted with Matt, I assumed all Attorneys operated this way. During my initial consultation, Matt was very attentive, did not rush me and showed genuine concern for the way my case been handled (mishandled) up to that point. From that moment, and after meeting his staff, I felt like I was FINALLY in capable hands. He and his staff have always been professional, courteous, quick to respond and provide status updates, and he will keep things moving in an effort to resolve your case quickly. When unexpected incidents present themselves, you can trust Matt to provide solutions and do it with a level of calm I just can’t comprehend. If he tells you not to worry or that he’s going to get you over the hurdles, you can believe it. Because Matt and his team were in my corner, my case was resolved very quickly, and the outcome was so much better than I could have imagined. If you require legal services from someone who is knowledgeable, trustworthy, professional, organized, reliable, responsive, keeps things moving, will keep you calm and achieves the results desired, you need to contact Horak Law. Matt and his team will not let you down.” — Robin M.
Meet Our Child Custody Lawyers in Houston, TX
What Child Custody Actually Means Under Texas Law
Many parents are surprised to learn that Texas law does not use the words “custody” and “visitation” at all. It splits the question in two.
Conservatorship covers the authority to make decisions about matters like schooling and medical care. Possession and access covers the actual time each parent spends with the child. Both fall under Chapter 153 of the Texas Family Code, and a court can decide them separately.
For you, that means the ruling on who makes decisions and the ruling on the schedule are two different outcomes, and a strong position on one does not settle the other. Texas recognizes two main forms of conservatorship:
- Joint managing conservatorship, where both parents share the rights and duties of raising the child.
- Sole managing conservatorship, where one parent holds certain rights alone, often including the exclusive right to decide the child’s primary home.
The most common misunderstanding is that joint managing conservatorship means equal time. It does not on its own. The court sets possession and access separately, so one parent can share in the decisions while the child lives primarily with the other.
Seeing them as two separate questions helps you aim your energy where it counts most for your family.
What a Houston Judge Weighs in Your Custody Case
In a Texas custody case, the judge’s primary consideration is the best interest of the child, the standard set out in Section 153.002 of the Family Code. That standard gives the court room to look at your family’s specific facts rather than apply a fixed formula, so the details you can document often make a real difference.
Many parents come in believing the mother always wins in Texas. The law says otherwise. Section 153.003 directs the court to consider each parent’s qualifications without regard to sex or marital status. A mother and a father are held to the same standard when conservatorship and a schedule are decided, so the outcome is not settled before you walk in.
The court also weighs a documented history of family violence. Section 153.004 makes evidence of abuse directed at a parent or child part of the conservatorship decision. A finding of family violence between the parents also removes the presumption in favor of joint managing conservatorship under Section 153.131.
If safety is part of your situation, that history can be heard rather than set aside, and our protective order attorneys can address it alongside the custody case.
Where Your Custody Case Is Heard in Harris County
Harris County runs a dedicated set of family district courts, and they sit in the Civil Courthouse at 201 Caroline Street. Each general family court has both an elected district judge and an associate judge, so a first temporary orders setting is often heard by the associate judge. Who hears that setting affects how you and your attorney prepare for it.
A custody case is not always the only matter in front of you. In Harris County, related matters can sit in different buildings:
- Family district courts at 201 Caroline Street decide conservatorship, possession, and access.
- The 280th District Court, at 1200 Congress Street, handles family violence protective orders.
- Title IV-D child support cases, brought by the Office of the Attorney General, are heard at the Family Law Center at 1115 Congress Street.
A parent with both a custody case and a safety concern can have two matters moving at once, in two different courtrooms. When you know both tracks exist from the start, neither one catches you off guard.
How Long a Houston Child Custody Case Usually Takes
No one can give you an exact calendar for a contested custody case, but the sequence is predictable, and the first stage is the one that shapes daily life.
- A temporary orders hearing usually comes early and sets the schedule and decision-making that govern your family while the case is pending. This is the setting most worth thorough preparation.
- Discovery follows, where each side gathers records, financial information, and evidence about the child’s circumstances.
- Most Texas family courts require the parents to attempt mediation before a trial setting. A mediated settlement agreement can bind both parties under Section 153.0071 of the Family Code when it meets the statutory requirements.
- If the case does not settle, it moves toward a final trial, where the judge decides the issues that remain.
A contested custody case commonly runs several months, and some run well beyond a year, depending on the level of conflict and the court’s schedule. Since the temporary order governs the coming months, it makes sense to plan your work and housing around that order rather than the final one.
Frequently Asked Questions About Child Custody in Houston
Do We Have to Go to Mediation Before a Custody Trial in Texas?
Yes, in most cases. Texas family courts commonly require the parties to make a good-faith attempt at mediation before they will set a contested custody trial. A parent with a documented history of family violence may ask the court to be excused from mediating, and the court can weigh that request.
Can My Child Choose Which Parent to Live With?
No, the choice does not belong to the child. Under Section 153.009, the court must interview a child 12 or older in chambers when a party asks, and it may interview a younger child, to learn the child’s wishes about conservatorship or the primary home. The interview informs the judge, who still decides under the best interest standard.
How Much Does a Child Custody Lawyer in Houston Cost?
Cost depends on the level of conflict and whether the case reaches a trial setting. A case that resolves at mediation generally costs less than one that goes to trial. We review fee structure with you during a confidential case review, so you can plan before you commit to anything.
Can a Custody Order Be Changed After It Is Final?
Yes, an existing order can be modified when the change would serve the child’s best interest and the case meets one of the grounds in Section 156.101. The most common ground is a material and substantial change in the circumstances of the child or a parent. Other grounds exist, and our team can review whether a child custody modification fits your situation.
Can a Grandparent or Another Nonparent Ask for Custody in Texas?
Sometimes, and a 2025 change raised the bar. Effective September 1, 2025, Section 153.002 was amended to add a rebuttable presumption that a parent acts in the child’s best interest and that a child is best served in a parent’s care. A nonparent now generally has to overcome that presumption with clear and convincing evidence, and our grandparents’ rights attorneys can assess whether that bar can be met.
Request a Confidential Case Review Before Your Houston Custody Hearing
We offer a confidential case review for parents facing child custody in Houston and across Harris County. A temporary orders setting can come early in these cases, so getting sound advice in place before that first hearing puts you in a stronger position for the schedule it sets.
Our team works from our homebase in The Woodlands and our two Houston offices on Memorial Drive and Montrose Boulevard, and we are ready to look at your case and lay out the next step. Call 713-225-8000 or request a confidential case review to talk through where your custody matter stands and what to do before your hearing.
Written By Matt Horak
Matt Horak is a Board Certified and experienced attorney with over 20 years of courtroom experience in South Texas, including more than 100 contested trials. A former Harris County prosecutor and 2025 Super Lawyer®, he represents clients in high-stakes family law disputes with a strategy grounded in compassion and preparation.
