When the parent is seeking sole custody, the general answer is, “You will need to prove the child is in physical or emotional danger due to abuse, neglect or some other reason.” At Sisemore Law Firm, P.C., we provide representation in child custody matters that are tailored to the unique circumstances of each client.
Texas will grant one parent “full custody” — or sole managing conservatorship — if that parent can convince the court that doing so is in the child's best interests. But you will need to have a strong and effective argument to convince the court.
In Texas, there are two types of Texas child custody: sole and joint. Sole custody is when one parent is awarded full legal and physical custody of the children. Joint custody is when both parents share legal and physical custody of the children.
Dads Have a Better Shot at 50-50 Custody Today
While it's less likely with very young children, where the courts still tend to grant custody to the mom, it's different with older children. Today, when older children are involved, dads have a real shot at 50-50,” Abby says.
There are three different child custody or conservatorship options that will be considered by the Texas family court: joint, sole, and third party custody. In most cases, parents are awarded joint conservatorship unless there is a specific reason that it should not be done.
What Makes A Parent Unfit? Looking at those final factors is where a parent runs the risk of being deemed unfit. There are two major triggers that will almost automatically determine a parent unfit for custody: abuse and neglect. If there is any history of domestic violence, a parent will not get physical custody.
While 50-50 joint custody is a strong trend, fathers getting full custody can be another matter. But it isn't unheard of for a father in Texas to be awarded full custody of his child or children.
Mothers' Rights in Texas Child Custody. Mothers have substantial rights to child custody, regardless of whether they are married to the father or not. In fact, mothers in many ways have more rights than fathers—at least initially.
Historically, women have always had the upper hand in being awarded child custody. Statistics show that women win child custody rights a staggering 90% of the time , even though fathers play an important role in their children's lives pre and post-divorce.
As discussed earlier, $3,500 to $34,000 is a wide range for child custody costs with many variables. This number is not just the cost of your attorney's legal fees. The ultimate number will likely be a composite of: Attorney fees.
An uncontested custody case could take only a couple of months or less. However, the process can take over a year if it's contested. Many fall between these two extremes, and most parents eventually settle with the help of a mediator. Sometimes there are good reasons to go to a trial on a custody matter.
Under Texas law, both parents are expected to share custody unless one parent is proven or determined to be unfit. To get sole custody of a child in Texas, a spouse can file for possessory conservatorship (physical custody) or managing conservatorship (legal custody).
Although Texas law presumes that the standard possession order is in the children's best interest, you can overcome this presumption. If you and your ex are on good terms, you may be able to create a 50/50 custody split in an agreed-upon parenting plan.
While it is the preference of Texas courts to grant joint custody, according to Texas Family Code, Title 5, §153.002, ultimately “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.”
Custody laws in Texas mean that unmarried mothers always have both full physical custody and full legal custody of their child automatically. Custody in the legal sense means that you have the right to make all major decisions in your child's life.
Since a 50-50 possession schedule is not typically ordered by the court, it is generally established through an agreement between the parents. Courts encourage parents to work together and make a parenting plan that works best for everyone.
Joint legal custody is the most common custody arrangement granted by courts. Why is that? One of the most significant advantages of joint custody is that a child will grow up with influence and input from both parents.
Each family is unique and reasonable access for fathers depends on the individual circumstances. Some fathers see their children every day, while others might see them just once a month. Parents might share responsibilities and alternate weekend contact, or some fathers may have weekend contact every week.
Mother's Parental Rights
The issue of a mother's rights comes up when the parents are unmarried or divorcing. Texas used to give mothers priority in child custody decisions, but that is no longer the case. Instead, the court now looks solely at how the facts relate to the child's best interest to determine custody.
In Texas, both fathers and mothers have equal rights when it comes to their children.
According to WalletHub's 2023 report of the most family friendly states in America, Texas ranks 26th overall based on criteria like family fun, health and safety, education and childcare, affordability and socioeconomics. According to WalletHub's analysis, Texas is the 3rd-best state in the country for family fun.
Under Texas law, a parent cannot withhold possession or access to a child because the other parent hasn't paid child support. To do so would be violating a court order.
The Factors Judges Consider In Child Custody Decisions
These include: The child's age and health. The age and health of the child's parents. Whether there are any special needs involved – again, with either the child or their parents.