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Child Custody Lawyer in Lubbock
Nick L. Olguin handles child custody cases in Lubbock: first custody orders, visitation schedules, changes to existing orders, and cases between parents who never married. He opened his practice, Olguin Law Firm (legal name The Law Office of Nick L. Olguin), in Lubbock in 2007, and his office has Spanish-speaking staff.
What does custody mean in Texas?
In Texas, a custody order settles two things, which the law calls conservatorship and possession and access:
Conservatorship
Generally, Texas law presumes that the parties should be named joint managing conservators of the children. This means that each parent has basic equal rights. Among those rights are the right to designate the primary residence of the child or children and the right to receive child support. The Attorney General’s office calls this “the custodial parent” versus “the non-custodial parent.” Joint managing conservatorship is a rebuttable presumption, and in extreme circumstances the court can name one parent sole managing conservator and the other possessory conservator.
Possession and access
The schedule, meaning when the child is with each parent. Texas law presumes that a standard possession order is in the best interest of the children. The law has three different standard possession orders, for parents who live 50 miles apart or less, 51 to 100 miles apart, and more than 100 miles apart.
What does a Lubbock judge look at in a custody case?
The child’s best interest comes first in every decision about conservatorship and the schedule. Texas courts often weigh factors from the Texas Supreme Court’s decision in Holley v. Adams, including:
- the child’s physical and emotional needs, now and later
- any physical or emotional danger to the child
- each parent’s abilities and plans for the child
- the stability of each home
The law also requires the judge to weigh each parent’s qualifications without regard to whether the parents were married or to the sex of the parent or the child, so a father starts on the same footing as a mother.
What the child wants
In deciding who determines the primary residence of the child, and upon request of any party, the judge must interview a child 12 or older in chambers. A judge has discretion in whether to interview younger children. While the child’s preference is a consideration, the judge must still find it is in the child’s best interest to change the primary residence of the child.
Jury or judge
Texas is the only state that allows a jury to decide conservatorship of a child. Either parent can ask for a jury. A jury can decide who is named managing conservator, which parent decides where the child lives, and whether that home is limited to an area. It cannot decide child support or the details of the schedule, and there is no jury on whether a man is the child’s father. This is rarely done; however, the decision to ask for a jury trial is one that should be made in consultation with a trial lawyer.
What is the standard possession schedule?
Texas has three standard possession schedules, depending on how far apart the parents live. The Texas Attorney General’s office explains each one:
How does a custody case work in Lubbock County?
Custody cases in Lubbock County are filed with the District Clerk at the Lubbock County Courthouse, 904 Broadway. A few local rules shape every case:
A standing order starts the day the case is filed
The Lubbock County judges’ standing order (adopted January 13, 2026) is attached to the petition. In cases involving children, this standing order maintains the status quo and prohibits moving, hiding or keeping the other party from the child or children. In a divorce it keeps both spouses from cashing in life insurance, changing beneficiaries or changing a child’s insurance, and it bars altering relevant electronic records, while still letting each side pay normal living expenses and reasonable attorney’s fees. It works as a temporary restraining order for 14 days after the other side is served, and a hearing will be set during that time period.
Temporary orders go to the family law associate judge
The first hearing is a temporary hearing in front of the associate judge. In its most basic terms, the court will lay out the rules of what will happen while your case is pending. The court has a wide range of discretion and can shape the rules around the needs of your case.
Parents take a co-parenting course
In parent-child cases, including changes to existing custody or visitation orders, every party must start an approved parent-education course within 30 days of the answer date and file proof of completion at least 7 days before the final hearing.
Mediation comes before any trial
All cases in Lubbock must go to mediation. This is where a neutral third party will help facilitate a resolution to your case without court intervention. Lubbock courts require this process before they will hold a final hearing on your case. Mediation is a safe place and can be conducted on Zoom if necessary.
The courts set time targets
After the temporary hearing, the assigned court will issue a scheduling order that will provide all the appropriate deadlines in preparation for mediation and then a final hearing.
Whether your case is settled in mediation or by a judge, the order will be in written format and signed by the judge.
Terms both parents agree on are written into an order for the judge to sign. A mediated agreement that both parents sign, and that states in bold, capitals or underlining that it cannot be revoked, is binding, so a parent cannot simply back out of it later. A judge decides anything left unresolved, or a jury on some issues if either parent asks for one.
Modifying an existing custody order
A court can change custody or the schedule when the change is in the child’s best interest and one of these is true:
- the circumstances of the child, a parent or another person affected by the order have materially and substantially changed since the order was made, or since the signing of the mediated or collaborative agreement it is based on
- a child 12 or older has told the judge privately which parent the child wants to decide where the child lives
- the parent who decides where the child lives has voluntarily left the child’s primary care with someone else for at least six months (this ground does not count time the child spent with someone else during the parent’s military deployment)
Within a year of the order, or a request to change a parent’s right to designate the child’s primary residence on a temporary basis. A request to change which parent decides where the child lives, filed within a year of the order or on a temporary basis, must come with a sworn statement of facts supporting one of a few grounds the law lists, such as that the child’s present home may endanger the child’s physical health or significantly impair the child’s emotional development. If the facts are not enough, the judge denies the request without a hearing.
The Lubbock County District Clerk’s posted fee schedule (effective January 1, 2024) lists $95 to file a modification or enforcement in a parent-child case. The co-parenting course rule also applies to cases to change custody or the schedule. Changes to child support follow their own rules; see child support.
Custody when the parents never married
Parents who never married can ask the court for the same orders divorcing parents get: conservatorship, a schedule and child support. If the father’s legal parentage has not been established, by a signed Acknowledgment of Paternity or by a court order, the same case can ask the court to establish the parent-child relationship.
Your first meeting with Nick
Your first meeting is a consultation with Nick. The consultation fee is $100.
Bring what you have
- court papers you have filed or been served with
- any existing orders about your children or support
- your current schedule with the children and the school calendar
- your questions, written down
Common questions
How is child custody decided in Texas?
By the child’s best interest. The judge, or a jury on some issues, decides who is named managing conservator and sets the schedule, and Texas law presumes that naming both parents joint managing conservators is best for the child unless a court finds a history of family violence involving them. Parents can also agree on the terms, and the judge signs the agreed order.
At what age can a child choose which parent to live with in Texas?
There is no age at which a child decides. In a case decided by a judge, the judge must interview a child 12 or older in chambers if a party or a lawyer for the child asks, and considers what the child wants, but the decision stays with the judge, based on the child’s best interest. A child 12 or older telling the judge which parent the child prefers can also be a ground to change an existing order.
Does joint custody mean 50/50 in Texas?
No. Texas law says joint managing conservatorship does not require equal or nearly equal time with each parent. Parents can agree to equal time, and a judge can order it when it is in the child’s best interest.
What is the standard visitation schedule in Texas?
Texas has three standard schedules, depending on how far apart the parents live. The Texas Attorney General’s office explains each one: 50 miles apart or less, 51 to 100 miles apart and more than 100 miles apart.
Do parents in Lubbock County have to take a parenting class?
Yes, in custody cases. Lubbock County’s local rules require every party to start an approved parent-education course within 30 days of the answer date and file proof at least 7 days before the final hearing, including in cases to change custody or visitation.
How do I change a custody order in Lubbock?
By filing a request to modify it in the court that made the order; for a Lubbock County order, that filing goes through the Lubbock County District Clerk. The change has to be in the child’s best interest, usually because circumstances have materially and substantially changed. A request within a year of the order to change which parent decides where the child lives needs a sworn statement of facts, and the clerk’s posted fee schedule lists $95 to file a modification.
Can I move out of Lubbock with my child?
It depends on what your order says. Many orders require the child’s main home to stay within a set area; moving the child’s home outside that area takes the other parent’s agreement, written into a changed order, or a court order. If your order sets no limit, its notice rules still apply.
How long does a custody case take in Lubbock County?
Lubbock County’s local rules aim to finish uncontested family cases within three months of the other side’s appearance and contested cases within six months. How long yours takes depends mostly on how much the parents still disagree about.
Can a father get custody in Texas?
Yes. Texas law requires the judge to weigh each parent’s qualifications without regard to the sex of the parent or whether the parents were married, and the presumption for joint managing conservators applies to both parents. A father who was not married to the mother may first need his parentage legally established.
Does the office speak Spanish?
Yes. Our office has Spanish-speaking staff, and a case can be handled in Spanish from the first call to court.
Which areas does Nick serve?
Nick handles custody cases in Lubbock County and the surrounding counties: Hockley, Hale, Lamb, Lynn, Crosby, Garza, Dawson, Terry and Floyd.
About Nick L. Olguin
Nick L. Olguin graduated from Oklahoma City University School of Law in 2002 and has been licensed to practice law in Texas since December 2002. Olguin Law Firm was founded in 2007. His current office, at 1306 Avenue R, Lubbock, TX 79401, opened in April 2025.
Other family law matters Nick handles
Family Law Attorney in Lubbock
Nick L. Olguin handles divorce, child custody, child support and changes to court orders for Lubbock families.
Divorce Lawyer in Lubbock
Nick L. Olguin handles contested and uncontested divorces in Lubbock, including property, custody and support.
Child Support Lawyer in Lubbock
Nick L. Olguin handles child support in Lubbock: setting support under the Texas guidelines, changing an existing order and collecting unpaid support.
Talk to Nick about your custody case
Call (806) 741-1111 or send the short form below. Office hours: Monday to Thursday 8:30 a.m. to 5:30 p.m., Friday 8 a.m. to 5 p.m.
Olguin Law Firm · 1306 Avenue R, Lubbock, TX 79401
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