Texas family law judges generally favor split custody, either 50/50 or the state’s default primary possession and visitation schedule, in divorce, as it’s seen to be in the best interest of the child to have a good relationship with each parent and spend as much time as possible with each one. As a father facing divorce and a potentially nasty custody battle, the thought of seeking full custody can seem like a far-off dream.
That being said, there are many situations in which the father being the primary custodial parent and/ or having sole managing conservatorship serves the child’s best interest. If the mother is abusive, and the father meets the burden of proof demonstrating physical, emotional, and/ or sexual abuse on her part, then a judge will almost certainly award sole custody to the father, in the interest of the child’s welfare.
But what about cases in which abuse is not a factor? To get full custody in Texas, whether you are Mom or Dad, you and your Frisco family law lawyer must present a clear and compelling case to the judge justifying your position. Listen to your lawyer, follow their instructions for your behavior and documentation, as well as our tips below.
Full custody of a child, as defined by Texas law
In Texas, the legal term for “full custody” is “sole managing conservatorship” of a child or children. This is a legal status giving the sole conservator the exclusive right to make decisions for the child, such as where they attend school, what religion they’re raised in, where they live, and what kind of medical care they receive.
Sole conservatorship is different from having primary physical custody. Not only does the child live with you full-time, but you also have sole legal authority over the child. In many cases, sole conservatorship is only awarded when one parent abandons their responsibility for the child, is absent for a prolonged period (such as being incarcerated), or has a demonstrated history of abuse of the child.
More commonly, parents share possession of the child, or one parent may have primary possession (physical custody), the other will have visitation, and both parents will have decision-making rights over the child.
Getting sole managing conservatorship without proving abuse
Texas law recognizes multiple circumstances in which granting sole conservatorship to the father is in the child’s best interest, even when abuse is not a factor.
Parental abandonment is the most obvious situation. If the mother is consistently uninvolved, including missing school events, visitation times, or simply leaving the child for prolonged periods of time, then the courts will usually award custody to the present parent: the father.
Chronic instability is another situation, such as a parent who has unstable housing, frequently changes jobs, or struggles with maintaining consistent routines, including ensuring the child regularly attends school. An unstable environment can threaten the child’s sense of security; courts favor the parent with a stable job, living situation (long-term rental or owning a house), and ability to provide a stable home life and ensure the child reliably gets to school and other activities.
A mother with a documented history of drug or alcohol use or dependency, especially one who is not actively seeking treatment for substance abuse, may not be awarded possession of the child, even if child abuse is not present.
Building a strong case for your position
Your best chance of winning sole possession of your child is working with an experienced family law attorney. Courts want to see a clear picture of your ability to provide stability, involvement in your child’s life, and ability to meet their needs (physical, emotional, and psychological).
Documenting your daily parental involvement is key. Keep a detailed journal of you taking your child to and from school, to medical appointments, helping with homework, chaperoning school trips, coaching their sports team—anything in which you are shown to be an active and involved presence in your child’s life.
Your history of steady employment and housing demonstrates stability. If you live in a good, safe school district and have a solid support network for your child, such as an extended family present, it’s even more persuasive.
Filing temporary orders can help cement your role as the stable, active presence in your child’s life. If you currently provide most of your child’s day-to-day care, petition the court to set temporary sole managing conservatorship while your divorce is pending. Temporary orders often set a precedent for the judge’s final ruling and provide compelling evidence that stability for the child is in place and should be maintained.
Talk to a Texas child custody attorney about full custody
Are you a father in Texas seeking primary custody of your child or children? We can help you protect your child and set a safe parenting plan, approved by the court. Contact Albin Oldner at (214) 423-5100 for a consultation with an experienced child custody attorney.
