The state of Texas refers to full custody—or sole custody—as sole managing conservatorship. Again, there are very limited circumstances where a judge will agree to grant one parent sole custody in Texas but it is possible. In addition, sole managing conservatorship may not be necessary depending on your goals.
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.
Full custody, known as sole custody or a sole managing conservatorship in Texas, is when one parent has the legal right to make all decisions regarding the child's welfare, including decisions about education, medical care, and religious upbringing.
Long gone are the days when divorce courts presumed that the mother should automatically receive sole custody rights upon divorce. Most states, including Texas, no longer have a presumption favoring women in custody disputes. Texas courts use a “best interest of the child” standard when awarding custody rights.
Joint custody is usually the presumption in Texas. Judges tend to believe children are better off with both parents equally participating in key decisions because they benefit from both parents' experience and involvement in their lives. Without any other factors being present, a judge would likely order joint custody.
You may have heard that it is impossible to have 50/50 custody in Texas or that fathers have no chance of getting equal custody of their kids. This is not true. Texas law explicitly states that courts cannot discriminate based on sex when making a custody decision.
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.
Texas Prefers Shared Custody Instead of Full Custody
Texas public policy presumes that it is in the child's best interest for him or her to have a relationship with both parents. The Texas Family Code makes a clear statement about legal matters concerning the parent-child relationship.
In Texas, it is possible for parents to lose custody of their children in specific circumstances. They may include child abuse, child neglect, and chronic substance abuse or mental health issues on the part of the parent.
The reality is that The Texas family code does not favor women over men regarding custody questions. There are specific provisions in the Texas family code that hold that no preference is to be given by family court judges regarding the agenda or sex of the family law party.
Texas courts do not favor mothers over fathers. In Texas, judges base child custody dispute rulings on the best interest of the child or children. However, it is important to understand the law when it comes to courts and the discretion the court has when determining child custody.
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.
The most common 50/50 possession schedules in Tarrant County, Texas include: Every other week: Child spends one week with mom, one week with dad, repeat. Thursday through Sunday: Parents exchange the child on Thursdays and Sundays, with some choosing to alternate who has weekdays and weekends.
When determining custody arrangements, Texas courts prioritize the child's best interests. Although a 50/50 possession schedule is not mandated by law, it is considered a viable option and may be favored if it is deemed to be in the child's best interests.
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.
What is the Standard Possession Order? In Texas, the law presumes that the Standard Possession Order is in the best interest of a child age three or older. See Texas Family Code 153.252. The Standard Possession Order says that the parents may have possession of the child whenever they both agree.
Rights Of The Legal Father
Ensures equal rights in decisions such as healthcare, education, religions matters, and general upbringing. Allows the child to travel with both parents. The right to petition for sole conservatorship (custody) if the mother is found to be unfit.
The most frequently occurring reasons why a custodial parent loses custody include: Child abuse or neglect. Spousal abuse. Drug or alcohol abuse or addiction.
A criminal conviction does not affect your parental rights and responsibilities unless a court decides to specifically address it. Therefore, any visitation rights you had prior incarceration, are still in effect after your release, unless your court order was changed to remove your access and possession rights.
Texas courts favor joint custody. Joint custody means giving both parents access to the child and allowing them to share in the decision-making process for the child's upbringing. In Texas, a parent who is allowed some sort of custody rights is called a conservator.
Age and health of the parents (or a non-parent conservator involved in the matter) Special needs of any involved parties. Stability of home environment of the child. Child's relationship with siblings or other family members (and how that would be impacted by the judge's decision)
As a result, infidelity usually does not affect child custody or visitation. However, if the judge believes that your spouse's adultery was harmful to the children or that the cheating spouse is putting the new relationship over the kids, it could play a role in child custody or visitation decisions.
Texas child support laws provide the following Guideline calculations: one child= 20% of Net Monthly Income (discussed further below); two children = 25% of Net Monthly Income; three children = 30% of Net Monthly Income; four children = 35% of Net Monthly Income; five children = 40% of Net Monthly Income; and six ...
Under a joint custody agreement, neither parent has the exclusive right to move so far away that it disrupts the other party's access to frequent and continuing contact with their child.
The Texas standard possession order calendar in 2023 gives noncustodial parents possession on the first, third, and fifth weekends of the month, alternating holidays, and one month in the summer. This schedule may also include Thursday nights if both parents live near enough to each other to make this practical.