When you decide to divorce, your children’s well-being is no doubt your primary consideration. If you have concerns about your spouse’s parenting ability, you may want to seek sole custody.
However, winning a child custody agreement limiting the other parent’s access is challenging in Texas.
How Do Courts Decide Child Custody Arrangements?
Typically, all parents in Texas have a legal right to maintain physical custody of and make decisions for their children. The laws aim to preserve children’s relationships with both parents whenever possible. If you believe your spouse is an unfit parent, there are ways to pursue sole custody. A judge evaluates the circumstances of your unique case and determines the legal custody and parenting plan that is in the best interests of your children.
What Are Some Reasons A Judge May Grant Full Custody?
In Texas, full custody is not a legal term. Instead, you would seek a sole managing conservatorship. While it is difficult to gain this arrangement, courts may do so under certain circumstances. Courts assess whether the other parent has a history of:
- Substance or alcohol abuse
- Violent crimes
- Child abuse or neglect
- Absence from the children’s lives
- Domestic violence
What Does It Mean To Have A Sole Managing Conservatorship?
If the court grants you this legal status, you have the right to make decisions regarding your children’s education, medical care, activities and more. You will decide where your child resides, but a judge will likely give visitation rights to the other parent unless it puts your children in physical or emotional danger.
When you feel your spouse is not a fit parent, you can become overwhelmed with the divorce process. With comprehensive knowledge of family law in Texas, you can secure a custody arrangement that protects your children from harm.