Is It Possible to Get Sole Custody in Texas?

 Posted on April 04, 2024 in Child Custody

Divorce can be complicated when the couple ending their marriage has children. In deciding what will happen with parental custody and responsibilities, Texas courts tend to prefer granting both parents at least some amount of custody even if one has a majority. However, the main factor taken into consideration in these decisions is what would be in the best interest of any children involved. While it is less common, it is still possible for a judge to grant one parent sole custody and to legally authorize efforts to keep the children away from one parent. If you have an impending divorce and you want to fight for sole custody of your children, speak with an experienced and compassionate Palo Pinto, TX divorce lawyer to understand your options.

What Does Custody Include?

There is a great deal of confusion around what the word custody truly means. In Texas, custody is divided into two main areas:

• Conservatorship: This refers to a parent’s authority to make decisions for their minor child. Parents might need to make decisions ranging from what school their child should attend, what religion they should be taught, or what medical procedures they should undergo.

• Possession and access: This means the amount of time the parent can legally be with the child. This also includes decisions about which parent the child can live with and when.

How Is Custody Determined?

In most cases, the courts will prefer to grant shared decision-making authority to the parents. Likewise, they generally seek to grant both parents some amount of possession and access. Even if one parent is far more responsible, available, and capable than the other, it is rare for a parent to be given no custody at all.

As always, this is based on the court’s focus on what is best for the child. However, if either parent can pose a risk to the child, and their parenting is therefore not considered in the child’s best interests, the other parent might be given sole custody. Some reasons why a parent might be denied any custody include if the parent has engaged in:

• Physical, sexual, or emotional abuse
• Neglect
• Abandonment
• Child endangerment

Additionally, if the parent has a criminal history that could prove harmful to the child, they might be denied custody.

If you ever have concerns that your child is unsafe with their other parent, you should contact the police immediately.

Contact a Parker County, TX Child Custody Lawyer

If you believe sole custody is necessary in your case, speak with our Palo Pinto, TX divorce attorney. It can be challenging to prove that your child’s other parent could threaten her well-being, but at The Law Offices of Kary L. Key, we are passionately committed to fighting for you. Call 817-599-6969 so we can begin working on an aggressive, results-based plan.