Author: Attorney Daryl Longworth May 15, 2023 0 Comments

If you are facing a divorce and have children, choosing between full custody of a child in Texas and joint custody can be one of the most difficult decisions you may ever make. Let’s talk about how to get full custody of a child in Texas according to Texas Family Law

Full Custody of a Child in Texas vs. Joint Custody

As an experienced divorce lawyer in Texas, I want to provide the guidance that my clients need to navigate these tough waters. In this blog post, we will look at the differences between full custody and joint custody in Texas law, including what factors are taken into consideration when determining which type of arrangement is best for all parties involved. We’ll also cover how to get started with filing for either arrangement if you believe it’s necessary.

Texas Full Custody Laws

When it comes to child custody, things can get quite complicated, especially in Texas.

The Lone Star State has its own set of regulations when it comes to full custody, and it’s essential to be well-informed before taking any legal action.

“Best Interest of the Child” Rule in Texas

The best way to get full custody of a child in Texas is for the parent seeking custody to legally prove that granting full custody is in the best interest of their child or children.

In doing so, they must provide evidence that the other parent is somehow unfit to care for their children.

Texas Family Code Sec. 153.002 Best Interest of Child

Sec. 153.002. BEST INTEREST OF CHILD. The best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child. View statute at https://statutes.capitol.texas.gov/Docs/FA/htm/FA.153.htm

Factors that may be considered include…

• the parent’s mental health,
• criminal history, and
• substance abuse issues.

While navigating these complex legal waters may seem daunting, it’s essential to remember that in the end, it’s all about protecting your children’s welfare.

How Texas Courts Determine Custody Issues

Establishing a Parent-Child Relationship in the Eyes of the Court

Establishing a parent-child relationship in the eyes of the court can often be a complex and emotional process. This is particularly true in cases where there is a disagreement or legal dispute surrounding parental rights and responsibilities.

The court plays a critical role in determining the nature and extent of a parent’s relationship with their child, often relying on evidence and testimony from both parties. It is important to approach these situations with patience, understanding, and a willingness to communicate effectively in order to navigate the legal system and achieve a resolution that is in the best interests of the child.

Full Custody Meaning in Texas

The term “full custody” is often used when discussing child custody arrangements in Texas. However, what does it really mean?

Full custody generally refers to a situation where one parent has been granted physical and legal custody of the child, with the other parent having limited or no visitation rights. This can be a challenging and emotional situation for all parties involved.

While it may seem like the easiest solution, it’s important to remember that every situation is different and that a custody arrangement that works for one family may not necessarily work for another. It’s crucial to work with an experienced attorney to develop a custody arrangement that is in the best interests of the child and meets the unique needs of your family.

The factors that will determine if you Get Full Custody

When it comes to determining the custody of a child, there are a number of factors that can come into play. Ultimately, the court is focused on what is in the best interest of the child, and so they will take into account a number of different factors. This can include things like the physical and mental health of both parents, as well as their living situations and ability to provide for the child.

The child’s own preferences may also come into play, particularly if they are old enough to make their own decisions. Ultimately, however, it is up to the court to make a decision based on what they believe will be the best outcome for the child.

Sole Custody vs Full Custody

When it comes to child custody, there are different options available to parents. Two common arrangements are sole custody and full custody.

Sole Custody Definition in Texas

Sole custody means that one parent has legal and physical custody of the child, while the other parent may have visitation rights.

Full Custody Definition in Texas

Full custody, on the other hand, means that both parents share legal and physical custody of the child.

Deciding which arrangement is best for your family can be a difficult decision, as it depends on individual circumstances. It is important to consider factors such as the child’s well-being, the parents’ ability to communicate, and the child’s relationship with each parent. Ultimately, the goal of any custody arrangement should be to provide a stable and loving environment for the child to grow and thrive.

Steps to Filing for Full Custody in Texas

Filing for full custody of a child is a serious legal matter that involves several steps. If you’re in Texas and considering taking this route, it’s essential that you understand exactly what you need to do.

1. First, you’ll need to file a petition with the court and provide evidence that demonstrates why full custody is in the best interest of the child. This evidence might include medical records, police reports, or witness statements.
2. Once you’ve filed, you’ll need to serve the other parent with notice of the petition, and then attend a court hearing.
3. During the hearing, the judge will consider the evidence and make a decision regarding the custody arrangement.

While it’s not an easy process, it can be the best option in certain situations where one parent is incapable of providing a stable and healthy environment for the child.

Evidence Required to Win Full Custody in Texas

To win full custody of a child in Texas, you must show that such an arrangement is in the “best interest of the child” according to Texas law. Evidence of the following can be used to make that legal argument:

1. a history of child abuse or neglect [Texas Family Code Sec. 153.004]
2. if the child is of a certain age (generally 12 years old), the child’s preference on living arrangements [Texas Family Code Sec. 153.009]
3. the parent’s ability to provide a “safe, stable, and nonviolent” environment for the child [Texas Family Code Sec. 153.001(a)(2)]
4. a parent’s ability (or inability) to meet the child’s physical and emotional needs
5. certain other factors that the court deems relevant to determining what is in the best interest of the child

However, in accordance with Texas Family Code Sec. 153.003, the court can not consider a parent’s marital status or sex of the party or sex of the child in making this “best interest of the child” determination.

Texas Family Code Sec 153.003 NO DISCRIMINATION BASED ON SEX OR MARITAL STATUS

Sec. 153.003. NO DISCRIMINATION BASED ON SEX OR MARITAL STATUS. The court shall consider the qualifications of the parties without regard to their marital status or to the sex of the party or the child in determining:

(1) which party to appoint as sole managing conservator;

(2) whether to appoint a party as joint managing conservator; and

(3) the terms and conditions of conservatorship and possession of and access to the child.

Joint Custody of a Child in Texas

When it comes to joint custody of a child in Texas, there are several things that parents will need to consider before coming to a final agreement. First and foremost, it’s important to keep the child’s best interests at the forefront of any decision.

This means creating a parenting plan that takes into account the child’s needs and preferences, as well as the availability and willingness of each parent to provide care. In addition, parents will need to agree on important issues such as where the child will live, how decisions will be made about the child’s education and healthcare, and how much time the child will spend with each parent. By working together and seeking guidance from a family law attorney, parents can create a joint custody arrangement that works for everyone involved.

Advantages and disadvantages of full versus joint custody

When it comes to deciding on child custody, parents often have to choose between full or joint custody. Each option carries its own set of advantages and disadvantages. Full custody, for instance, allows for stability and consistency for the child, as they only have one primary caregiver.

This arrangement also ensures that decisions regarding the child’s upbringing are made by one parent. On the other hand, joint custody can provide the child with equal access to both parents, allowing them to build strong relationships with each parent. However, it can also be challenging to create a schedule that works for everyone involved, leading to potential issues. Ultimately, parents should carefully consider their unique circumstances and needs when making a decision about custody arrangements.

Understanding visitation rights and how they affect child custody cases

Navigating a child custody case can be incredibly overwhelming. When visitation rights are involved, the process becomes even more complicated. Understanding visitation rights is crucial to ensuring the well-being of the child in question.

Visitation rights are designed to outline when and how a non-custodial parent can spend time with their child. These rights can be modified and adjusted based on the needs of the child and the situation at hand. It’s essential to have a clear understanding of how visitation rights operate in order to represent your best interests and the interests of your child in court. With the right knowledge, you can approach your custody case with confidence and the peace of mind that you’re making the most informed decisions possible.

It is long and difficult process to get full custody of a child in Texas. With so many steps you have to take and pay attention to, it’s easy to feel overwhelmed. Taking the time to familiarize yourself with Texas full custody laws and legal implications will help you feel confident when going through the court proceedings.

Remember that both joint and full custody arrangements have their own advantages and disadvantages, and whatever you choose should prioritize the best interests of the child first. When your custodial case is brought before the courts in Texas, make sure you are presenting your situation honestly and thoroughly as this will ultimately greatly influence your chances of getting the type of custody you want. Ultimately all decisions will be made on what is determined to be in the best interest of your child.

How to Get Full Custody of a Child Without Going To Court

Generally speaking, matters of child custody in Texas will be decided by a Texas Family Law Court. While you may not personally have to physically attend a court hearing a SAPCR (Suit Affecting Parent Child Relationship) will legally define the nature of your child custody when there is some controversy as to who will the child live with. All of this can be done on paper by lawyers and a judge without your physical presence in a court room.

How to Get Full Custody as a Mother

To get full custody as a mother, you must show that it is in the best interests of the child for such a custody arrangement. Evidence that can be used to prove this legal argument are certain evidence of abuse, neglect, the child’s preference, and a non-safe, non-stable living environment, as well as certain other factors discussed above. A child custody attorney in Texas can help.

How to Get Full Custody of a Child As A Father

To get full custody as a father, you must show that it is in the best interests of the child for such a custody arrangement. Evidence that can be used to prove this legal argument are certain evidence of abuse, neglect, the child’s preference, and a non-safe, non-stable living environment, as well as certain other factors discussed above. Call one of our father’s rights attorneys for help.

Full Custody in Texas Frequently Asked Questions

How much does it cost to file for full custody in Texas?

Court fees, filing fees, attorney fees, and associated costs with filing for full custody in Texas could range from $3,000 to $10,000. Ultimately you need to speak with your attorney to get an accurate estimate of costs involved in your case.

Is it easy to get full custody of a child in Texas?

It is not easy to get full custody of a child in Texas. Texas Family Code Sec. 153.001 states that Public Policy in Texas is to encourage parents to SHARE in the rights and duties of raising their children. Therefore a legal argument and case must be proved up showing evidence that full custody is in the best interests of the child before the Court will grant such arrangement.

How does Texas determine child custody?

The law for determining child custody in Texas is defined in Texas Family Code Chapter 153. Ultimately child custody will be determined by what the court legally determines to be in the best interests of the child, as defined in Texas Family Code Section 153.002. Both parties may show evidence of abuse, neglect, living environment, and means to care for the well-being of the child.

What makes a father unfit for custody in Texas?

Factors that can make a father unfit for custody in Texas include evidence of abuse, neglect, an inability to provide a safe, stable, and nonviolent environment for the child, as well as other evidence defined in Texas Family Code Section 153.