At the Law Office of Bryan Fagan, our attorneys provide numerous parents with complimentary consultations. These interactions deepen our understanding of concerns and aspirations in child custody matters. If you’re dealing with worries about your future relationship with your child or urgent co-parent issues, a child custody case might be your best solution.
In such cases, your rights and responsibilities as a Texas parent are clearly outlined. This clarity removes doubts about your co-parent’s permissible actions. Court orders will define everything from parental duties to child support. These orders serve as a clear guide, boosting confidence and clarity in decision-making for your child’s care.
Our attorneys always ask one critical question during consultations: what are your goals for this case? Consider this—if you were embroiled in a custody dispute, what would you want to achieve? Identifying your goals helps you prepare strategically for the case, avoiding aimless litigation.
Today’s blog post focuses on the concept of sole custody. Although the idea of sole custody seems straightforward, the legal realities are often complex. As we examine how to secure sole custody, think about whether it could benefit you and your child. Join us as we discuss this important topic in detail.
A lot going on and a lot to decide within a family law case
Raising a child is undoubtedly challenging. On good days, your little one behaves well, and dinner preparations go smoothly. But often, you find yourself extinguishing one crisis after another—behavioral issues, school problems, and domestic difficulties. It can feel like you’re a plate spinner, trying to keep a dozen plates rotating simultaneously, and inevitably, one will fall.
As these metaphorical plates start crashing down, many parents like you contemplate initiating a family law case. Regardless of whether you and your child’s co-parent are married, in a relationship, or neither, entering into a child custody dispute can be incredibly fraught. You might find the prospect of a family court judge making decisions about your relationship with your child unbearable, yet the escalating domestic issues become too much to tolerate.
Faced with this dilemma, you decide to proceed with the child custody case. The stress and complexity of the situation can be overwhelming, and it’s natural to want to keep your child as close as possible, both literally and figuratively.
This is when the concept of sole custody becomes crucial in your child custody case. As you assess the dynamics of the situation, you might start to fear losing time with your child if the case sways in a particular direction. This concern can become consuming, and suddenly, you find yourself considering objectives for the case that you never anticipated before.
What it means to share custody versus having “full” custody
If you and your co-parent have already separated, you might be informally sharing custody of your child, not through court orders but in a manner somewhat similar. Considering work and school schedules, many parents opt to split custody equally. Initially, this setup seems fair—both you and your co-parent spend about half the time with your children, and it works seamlessly.
However, complications arise when your co-parent initiates a child custody case seeking sole custody. While the term “sole custody” might be new to you, you’ve likely heard others refer to having “full custody” of their children. Though “full custody” is not a legal term recognized by the Texas Family Code, it generally implies that the child lives with one parent during the school week, making that parent the primary conservator.
Yet, “full custody” can also suggest a scenario where your co-parent’s parental rights are terminated—an extreme measure typically considered in cases involving severe issues like drug abuse, alcohol misuse, or family violence. It’s crucial to understand that such outcomes are rare and generally occur under specific, dire circumstances.
Alternatively, “sole custody” can mean that one parent retains all decision-making authority over the child, with the co-parent granted only supervised visitation. This might occur at your home, a third party’s home, or a designated visitation center. Supervised visitation usually is ordered in situations where there’s a history of problematic behavior that could endanger the child.
We’ll explore what “sole custody” entails more deeply within the framework of Texas family law. Understanding the fundamental parental rights at play will clarify the terms and scenarios pivotal to this discussion.
What are the most essential parental rights in Texas?
For starters, most parents in Texas after a family law case will have the right to be in physical possession of their child. Additionally, most parents will have certain rights and duties when it comes to raising that child. These rights and duties are part of being a conservator of a child. These decision-making rights relate to the important subject matter in your child’s life- their health, education, religious upbringing, and the list goes on. What I would call the most essential matters related to the growth and development of your child are included in these conservatorship rights.
What the state of Texas wants for your child is a situation where you and your co-parent are both fully invested in the rearing process. Even if your co-parent has only limited visitation with your children, he or she will still need to be able to pay child support. The same is true for you if you were the parent who has visitation rights. However, just because the law presumes that a joint managing conservatorship of your child is in his best interests does not mean that this is necessarily true for your child. If you believe that sole custody benefits your child, then here are some steps you may follow.
Winning sole custody in a divorce or child custody case in Texas
In Texas, understanding custody involves recognizing two distinct types: physical and legal custody. Physical custody refers to the ability to physically have your child with you and make everyday decisions about their activities, associations, diet, and religious practices. This type of custody addresses the immediate concerns in your child’s life.
On the other hand, legal custody in Texas allows a parent to exert significant influence. One major aspect of this is the right to decide your child’s primary residence. Holding this right is highly coveted as it enables your child to live with you full-time, essentially the “crown jewel” of conservatorship rights in Texas.
The right to determine the primary residence of your child also brings the right to receive child support payments. The parent with visitation rights typically makes these payments, underscoring the importance of this conservatorship right. It’s important to note that the authority to decide where your child lives can be granted under both sole and joint managing conservatorship arrangements.
Additionally, legal custody encompasses the right to consent to your child’s healthcare, make educational decisions, and apply for essential documents like passports. The responsibilities tied to conservator rights also include providing materially for your child, ensuring their education, and securing health insurance, all shared duties between you and your co-parent as dictated by your family law case.
How to ask a court for sole custody of your child
The best interests of your child will be the central focus of a family court on any child custody matter that you bring before it. To be sure, there are many sub-parts to the decision of what is in your child’s best interests. Things like the needs of your child now, a history of parenting involvement for both you and your co-parent, the emotional needs of your child and the ability of you and your co-parent to provide a life for your child will all factor into a judge’s decision regarding best interests.
What would you need to show if you want your co-parent’s parental rights terminated?
Securing the status of sole managing conservator for your child is a significant challenge. It becomes even more difficult if you aim to terminate your co-parent’s parental rights. Such a step is irreversible, severing all legal ties between your co-parent and your child, and is only justifiable under extreme circumstances.
To terminate your co-parent’s parental rights, you must demonstrate a substantial history of abuse and/or neglect. For instance, if investigations into abuse or neglect by your co-parent have occurred repeatedly, this could provide the necessary evidence to pursue sole custody.
The importance of solid evidence cannot be overstressed in these cases. You can use police reports, photographs, medical records, and testimonies to support your claims in a petition to terminate parental rights. Overcoming the Texas presumption that a child benefits from the involvement of both parents is a formidable task. If you believe terminating your co-parent’s parental rights serves your child’s best interests, engaging a skilled family law attorney is crucial. An experienced attorney will assist you in crafting compelling arguments and presenting your evidence effectively.
Can you win sole custody of your child as a father?
A recurring question we encounter at the Law Office of Bryan Fagan pertains to whether fathers and mothers are treated equally under Texas law in child custody battles. There’s a widespread belief that fathers are at a disadvantage when it comes to winning primary, let alone sole custody of their children.
However, the reality is that Texas law does not favor mothers over fathers; both are viewed equally in the eyes of the court. No statutes specifically differentiate parents based on gender. Success in securing sole custody largely depends on the specific circumstances of your case. Fathers who have been actively involved in their child’s upbringing are generally in a strong position to pursue sole custody. But active involvement goes beyond mere presence; it encompasses a deep, nurturing connection with the child.
Partnering with a skilled attorney from the Law Office of Bryan Fagan can significantly enhance your ability to navigate these complex issues and strive for your desired outcomes in a child custody scenario, including the pursuit of sole custody.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
If you have any questions about the material contained in today’s blog post, please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free-of-charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law as well as how your family’s circumstances may be impacted by the filing of a divorce or child custody lawsuit.
Other Related Articles:
- Sole Managing Conservator in a Child Custody Case in Texas?
- Understanding Texas Child Custody: A Parent’s Guide to Sole, Joint, and Split Conservatorship
- Can I Get Sole Custody of My Kid in Texas?
- If You Want to Win Sole Custody of Your Child, Read This Blog Post First
- The benefits of sole custody
- Should you be asking for sole custody?
- When do courts award sole custody to Texas fathers?
- What is sole custody?
- Sole Custody versus Full Custody Explained
- Divorce and Child Custody: What You Need to Know
Evan Hochschild was raised in Houston, TX and graduated from Cypress Creek High School. He went on to graduate from Southwestern University in Georgetown, TX with an undergraduate degree in Political Science. While in college, Evan was a four-year letterman on the Cross Country team.
Following in the footsteps of his grandfather and uncle before him, Evan attended law school after he completed in his undergraduate studies. He graduated from St. Mary’s University School of Law and has practiced in a variety of areas in the law- including family law.
Mr. Hochschild is guided by principles which place the interests of clients first. Additionally, Evan seeks to provide information and support for his clients with the heart of a teacher.
Evan and his wife have four small children together. He enjoys afternoons out and about with his family, teaching Sunday school at his church and exercising. A veteran attorney of fourteen years, Mr. Hochschild excels in communicating complex ideas in family law simply and directly.
