How Can I Get Full Custody of My Kids in Texas? 

 Posted on June 08, 2022 in Child Custody

Although parents usually make decisions that are in the best interests of their children, Texas family law courts recognize that a parent’s judgment may be blinkered during divorce. Unfortunately, divorce often turns into a zero-sum competition between spouses and when the children get caught in the middle, fights over custody, false accusations, and other high-conflict behaviors can emerge. 

Texas courts must therefore try to objectively determine what is in a child’s best interests and make child custody decisions accordingly. Generally speaking, judges are reluctant to give one parent full custody, and any parent seeking full custody must demonstrate that there is a good reason to grant that arrangement. However, there are certainly situations where the children are better off staying away from one parent, and it can be helpful to know what those are.

When is Full Custody Given to One Parent in Texas? 

Before answering this question, it is important to distinguish between the two parts of child custody: “possession and access” and “conservatorship.” “Possession and access” refers to a parent’s right to spend time with a child. “Conservatorship” refers to a parent’s decision-making authority over a child. A parent with all the decision-making authority and exclusive possession and access has sole managing conservatorship, which is what most people mean when they say “full custody.” When a parent has full custody of a child, then that child is in their care full-time, and only that parent makes decisions for the child. 

Courts usually want parents to share decision-making responsibilities for a child and try to appoint both parents as joint managing conservators whenever possible. However, certain situations make this decidedly against the best interests of the child, including: 

• Physical abuse

• Sexual abuse

• Abandonment

• Neglect 

• A criminal history that threatens the wellbeing of a child

Abuse does not necessarily have to be directed at a child for a parent to lose custody; abuse against another parent, a spouse, or another child may be grounds for refusing to appoint one parent as a joint conservator. 

You will need to provide evidence to support your argument that your child should be restricted from the care and company of their other parent. If at any point you are worried for your child’s safety or your own safety, call the police. An attorney can help you gather additional evidence to create a compelling case arguing for sole custody. 

Call a Palo Pinto, TX Child Custody Attorney

At The Law Offices of Kary L. Key, our passionate Parker County, TX child custody lawyer understands that keeping your children safe is of the utmost importance. If necessary, we will help you pursue full custody of your children in your divorce and assist you with every other aspect of the divorce process. Call us today to schedule an initial consultation and learn more about how we can serve you.

Source: 

https://guides.sll.texas.gov/child-custody-and-support