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any parents inquire about obtaining sole custody in Texas. While seeking sole custody may mean different things to different people, the Texas legal system uses specific terms. In Texas, we use “conservatorship” rather than “custody” when discussing child custody arrangements. This guide will explain everything about conservatorship rights and help you understand your options for full custody in Texas.
Understanding Texas Child Custody Laws
Texas law prioritizes the child’s best interest in every custody arrangement. When parents separate or get divorced, a court case called a suit affecting the parent-child relationship (SAPCR) determines what custody arrangement best serves the child’s wellbeing. The legal process aims to minimize conflict between parents and promote stability in the child’s life.
In a SAPCR, the court typically appoints both parents as conservators, except in extreme circumstances. The court generally considers two options for legal and physical custody:
- Appointing both parents as joint managing conservators in a joint custody arrangement
- Naming one parent as sole managing conservator and granting the other parent limited visitation rights as a possessory conservator
Legal Rights and Decision-Making Authority
When a child lives in two households, the court assigns specific parental rights. A sole managing conservator receives exclusive decision-making authority over the child’s upbringing. This includes educational decisions, medical care choices, and determining the child’s primary residence. The other parent’s parental rights may be limited as a non-custodial parent. A family law attorney can help you understand these rights and responsibilities.
When Courts Consider Full Custody in Texas
Most cases result in joint managing conservatorship, often through parent agreement. Texas family law presumes this serves the child’s best interest. However, courts may grant sole custody arrangements in specific situations:
- Domestic violence or child abuse by one parent
- Severe substance abuse issues
- Criminal behavior affecting the parent’s ability
- Extreme interference with the other parent’s relationship with the child
- Situations where parents cannot make joint decisions
- Cases where the other parent proves unfit
Rights Under Sole Managing Conservatorship
When granted sole managing conservatorship, one parent receives comprehensive authority over the child’s life, including:
- Control over educational decisions
- Authority for medical and dental care
- Power to determine psychological treatment
- Right to choose the child’s primary residence
- Decision-making power for religious instruction
- Right to receive child support
- Complete access to school and medical records
The other parent typically becomes a possessory conservator with specific visitation rights.
Building Your Child Custody Case
To file for sole managing conservatorship in Texas, you must submit a SAPCR or divorce petition with your local court. An experienced child custody lawyer can help prepare your case by:
- Documenting evidence of the other parent’s concerning behavior, which can include relevant police reports, records, photos, and communications with the other parent
- Collecting medical records
- Securing witness statements
- Proving your ability to provide stability
- Demonstrating how sole managing conservatorship serves your child’s best interest
Legal Representation in Custody Disputes
Child custody disputes require careful preparation and strong legal advocacy. A family law attorney understands how to navigate complex custody battles while protecting your parental rights. Your lawyer can help present compelling evidence to support your request for sole managing conservatorship in Texas.
Getting Help with Your Case
At Thompson Salinas Londergan, our experienced family lawyers understand that each custody case presents unique challenges. We provide dedicated legal support to protect your rights and your child’s future. While Texas courts typically favor shared custody, we can evaluate your situation and discuss all available conservatorship options. Contact our family law attorneys today to schedule a consultation about your sole custody case.
Frequently Asked Questions About Sole Custody in Texas
How can I get full custody of my child in Texas?
To obtain sole managing conservatorship in Texas, you must file a Suit Affecting the Parent-Child Relationship (SAPCR) or Petition for Divorce and prove that sole managing conservatorship serves your child’s best interest. This requires demonstrating significant concerns about the other parent’s ability to care for the child, such as evidence of abuse, substance abuse, or criminal behavior. An experienced child custody attorney can help gather evidence and present your case effectively.
Is it hard to get sole custody in Texas?
Yes, obtaining sole managing conservatorship in Texas can be challenging. Texas courts prefer joint custody arrangements because they believe children benefit from having both parents involved in their lives. You must present compelling evidence that sole custody better serves your child’s best interest than joint.
What are the disadvantages of sole custody?
While sole custody provides complete decision-making authority, it can have drawbacks:
- The child may have limited contact with the other parent and their extended family
- The custodial parent bears all responsibility for decisions and daily care
- The child might feel isolated from part of their family
- The arrangement can create increased stress for the custodial parent
- The child may face emotional challenges from limited access to one parent
Does sole custody terminate parental rights?
No, sole custody (sole managing conservatorship) does not automatically terminate parental rights. The other parent typically maintains some rights as a possessory conservator, including possession rights. Termination of parental rights is a separate legal process that completely severs a parent’s legal relationship with their child.
Can I get sole custody without going to court?
While parents can agree to a sole managing conservatorship arrangement outside of court, a judge must still approve the agreement through proper legal channels. Even if both parents agree, the court must ensure the arrangement serves the child’s best interest. A family law attorney can help formalize your agreement through proper legal procedures.
How much does it cost to get sole custody in Texas?
The cost of seeking sole managing varies significantly based on several factors:
- Court filing fees
- Attorney fees
- Length of the legal process
- Whether the case is contested
- Need for expert witnesses or special evaluations
Contact our office for a consultation to discuss the specific costs related to your case.
