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Sole Custody versus Full Custody Explained

Many times, at the beginning of a family law case a parent will express a goal that is not well defined. At the Law Office of Bryan Fagan, we offer free of charge consultations with our experienced family law attorneys. We want to make ourselves available to the public as far as answering questions and equipping people with knowledge. A common ice-breaker question that our attorneys ask people in these consultations involves a hypothetical magic wand. As in if we could change our pen into a magic wand what would you wish for?

What would be your most sought-after goal in the family law case? If the potential client is a parent, then one of the most common answers relates to custody. Some parents will say they want to gain full custody in the divorce. Other parents will ask for sole custody. These are two terms in family law that we hear about all the time. However, the question remains: what is the difference between the two (if any)? 

This is what we are going to answer in today’s blog post from the Law Office of Bryan Fagan. Sole custody versus full custody- what is the difference?

What is custody?

We hear the word “custody” quite a bit, but its meaning is not exactly clear. What does custody mean in the context of a family law case? Well, if we go to the Texas Family Code for an answer, we won’t find anything there. The reason is that the Texas Family Code does not contain the term “custody.” Otherwise, we would need to refer to what other people in the world of Texas family law mean when that term is used. It certainly is a common term. Many people refer to custody when talking about different issues with kids. 

Custody is a catch-all term used to refer to a range of different topics and issues related to family law. All issues related to minor children in a family law case relate to child custody. Even though the word does not come up in the Family Code it is still well known. Judges, attorneys, and clients alike all use the term “custody.” Get used to custody being used in your case. 

Even though custody is a familiar term it is not a specific term. People use the term custody interchangeably with possession, access, rights, and duties. However, with so many terms rolled into one it is wise to have specific goals for yourself. Working on those goals is a major part of a family law case. The attorneys with the Law Office of Bryan Fagan work alongside our clients to create goals. A free-of-charge consultation with one of our attorneys is a great place to begin this process.

Families are unique- yours included 

One of the most important factors in a child custody case is the unique nature of your family. Without a doubt, what works best for one family likely will not work best for your own. Therefore, it is wise to work alongside an attorney who values the unique qualities of your family. At the Law Office of Bryan Fagan, we understand what sets your family apart from the others. We do not just “copy and paste” someone else’s court orders into your case. Rather, we take the time to work through these issues with your family and their needs at the front of our minds. 

To begin with, you need to perform an assessment of your family’s circumstances. What matters to you all? What are some unique issues in your family? What do you think is best for your kids? Consider these topics when you are beginning to map out a goal for your family law case. It does not mean you need to create a goal and then never move off that goal. However, it does emphasize the importance of goal setting and intentionality. 

Intentionality in this context just means that you need to think before you do anything. There should not be any kind of randomness associated with your case. Rather, developing a plan shows that you are being intentional in your case. A plan is not something that you just find under a park bench. Rather, a plan is something that you arrive at only after careful consideration. This careful consideration is critical to the success of your case.

You get every opportunity to settle your child custody case

In a child custody case, it is not as if you are thrown to the judge immediately. Rather, you and your co-parent have an opportunity to try and settle your case as best you can. This means engaging in diligent negotiations with your co-parent. If a judge decides the issues for your family is a major mistake. It is not giving up, but it is something close to it. Rather, assume that you and your co-parent will settle the case rather than go to a trial. 

Mediation is a critical part of the negotiation process. Rather than setting yourself up for failure, set yourself up for success by preparing for mediation. This means coming to mediation with all needed documents, multiple plans for negotiation, and an open attitude towards your co-parent. Going into mediation with a certain disposition towards your co-parent is a mistake. You would be surprised to learn how even the most disgruntled parents often experience success in mediation.

Do not overlook the day-to-day negotiation possibilities, as well. So many people in your shoes view the days in between hearings mediation or any other event as pointless. However, all those days living your day-to-day life can be productive. Either through negotiations with your co-parent or by utilizing your attorneys. If being civil with your co-parent is a challenge contact the Law Office of Bryan Fagan. We can play intermediary and bring parties together like you and your co-parent all the time. 

When small details matter- contact the Law Office of Bryan Fagan

There is certainly a lot that goes on in a family law case. The details matter in this type of situation. However, not all of these details are the type that will catch your eye. In most family law cases there are issues that matter surrounding the small details on the periphery of a case. The better you can identify and focus on those issues the better. This is where the Law Office of Bryan Fagan excels. Helping people just like you be able to have the best possible experience in a tough case.

For example, suppose that your child has a special need. Wouldn’t you agree that there are small details of the care he receives that matter? You know the things that make a difference in the care he receives which otherwise would not be noticeable. In the course of a family law case, it is easy to lose track of those details. However, working with the Law Office of Bryan Fagan means having someone at your side who can help you keep track of those details.

Better yet, our experienced team of attorneys helps clients of ours set achievable goals. A goal focuses on a series of issues most important to you. We do not put your case on autopilot. The Law Office of Bryan Fagan has participated actively in your case from the date on which you signed up with our office. In short- your case matters to us. You are not just a number when you become a client of ours. To learn about the Law Office of Bryan Fagan contact us today. 

Parenting history matters

Your future is determined by your past. This isn’t a new phenomenon by any stretch. The test you take tomorrow has your success determined by the work put in today (and yesterday). When it comes to a child custody case the same rules apply. How you have parented your children to this point makes a difference. How active a role has you played in their lives? Which parent has been there most frequently for the daily needs of the children? This is the parent who typically walks away from the case with the most favorable rights and duties. 

However, this is not to say that you are a bad parent just because you have not been the primary caretaker for your children to this point. It is understandable that you would take one role in the household and your co-parent the other. Division of labor makes sense. Ultimately it may have suited you, your co-parent, and your children best to do it that way. Courts do not judge you or your co-parent because you have worked hard to provide a decent life for your family.

At the same time, a court is unlikely to switch up parenting roles significantly. This means you are likely to walk out of a family law case with a similar role as you walked in with. Therefore, do not let it be a shock to you that your parenting past matters in this case. There are opportunities to improve your parenting “position” over time. Look at this family law case as a snapshot of your current parenting circumstances and the needs of your children.

The best interests of the child’s standard

Assigning parenting roles within a family law case depends on the best interests of your children. Courts don’t just guess what would work best. Additionally, what is best for you and your co-parent does not necessarily matter here. That factors into negotiations and a court’s eventual orders, of course. However, what the court wants to determine is what is in the best interests of your children. This is a legal standard applied across the country in family law cases. 

The best interests of the child standard seek to take into consideration a range of factors involving the life of your children. Their ages, physical/mental needs, educational circumstances, health, and physical well-being matter. Additionally, your ability to parent on a day-to-day basis matters. Finally, what about your willingness to co-parent? Getting along with your co-parent matters. Parents who cannot co-parent effectively fail all that often.

Sometimes it is a challenge for parents when it comes to understanding that your best interests do not always align with your child’s. For example, think about a situation where you are mapping out an ideal outcome for your custody case. What is implemented in the case has a certain look and feel to it. Now consider that look and feel from the perspective of your children. Does it make sense for your children as much as it makes sense for you? Ask yourself that question as you head into a family law case. 

Sole custody- why it can work for your family

When an attorney hears sole custody referenced by families it often means that the parent wants a “one-sided” custody order. More time and more rights and duties come with being a sole managing conservator. In large part, these goals align with what a sole custodian has on their plate. Sole custody refers to a parenting circumstance where you hold most of the rights as far as time and decision-making capability are concerned.

However, that does not mean that the “other” parent has no rights or duties in a case like this. A possessory conservator still retains a fair number of rights and duties in the parenting sphere. Those rights and duties are relatively small compared to joint conservators. Having a history of drug or alcohol abuse leads some families to determine that a sole managing conservatorship works better for them. Again, this has to do with what is in the best interests of your children not your own desires. 

Sole custody arrangements are a great set-up for some families. These are not the norm when it comes to case outcomes, however. For you and your co-parent, it is a matter of being engaged through negotiation. Taking an honest assessment of your situation is what counts. Not knowing what works best for your family is not abnormal at the beginning of a case. However, in working diligently to respond to the issues you position yourself and your family well  through negotiations. 

Full custody upon examination

On the far end of the parenting spectrum is full custody. Full custody is a term that some parents use in a family law case to describe their ideal outcome. When a family has a parent who has not taken an active role in the day-to-day life of the kids then full custody makes sense. Full custody takes all the daily parenting responsibilities and places them in the lap of one parent. Typically, the other parent does not play a role in the life of the children much at all. 

Child abuse, endangerment, and neglect are reasons that push families into a full custody arrangement. When your co-parent, for example, has endangered the life of your children then full custody presents as an option. Again, since the term custody does not appear in the Texas Family Code you and your attorney would need creativity when coming up with court orders. Listing full custody as a term in your court orders is not overly descriptive. It is better to use terms codified in our state law. 

Taking into consideration the best interests of your child matters when full custody is an option. Many parents do not know all their options at the beginning of a family law case. The attorneys with the Law Office of Bryan Fagan make a point to educate our clients with the heart of a teacher. From there, you can make decisions that appeal most to the children and to their needs. 

Closing thoughts on custody arrangements in Texas child custody cases

Your family is completely unique. Going through a family law case requires a close examination of the issues that are the most critical to your children. Sole custody and full custody are not the norm as far as outcomes in a custody case. However, there are circumstances that make these outcomes best for your children. Especially when your co-parent has not taken an active role in the day-to-day parenting  sole custody is sensible. Likewise, when a parent has made questionable decisions a full custody route makes sense. 

Whatever it is that you are going through, the Law Office of Bryan Fagan is here for you. We take the challenges of a family law case and work with your family. Our attorneys are mindful of the uniqueness of your family. From there, we take into consideration the problems in your life and seek to find reasonable solutions with you. Thank you for spending part of your day with us here on our blog. We post unique and interesting content daily which helps families just like yours. 

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. Interested in learning more about how your family is impacted by the material in this blog post? Contact us today.

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At the Law Office of Bryan Fagan, PLLC, the firm wants to get to know your case before they commit to work with you. They offer all potential clients a no-obligation, free consultation where you can discuss your case under the client-attorney privilege. This means that everything you say will be kept private and the firm will respectfully advise you at no charge. You can learn more about Texas divorce law and get a good idea of how you want to proceed with your case.

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