How to obtain sole custody of a child in texas

How To Win Full Or Sole Child Custody In Texas

When you are going through a difficult divorce, it is natural for emotions to run high and an adversarial relationship to form between parents. In the midst of a contentious divorce, some parents have a hard time understanding that the other parent is a good parent simply because the parental relationship didn’t work out.

In such cases, prospective clients often come to our family law firm and ask our divorce lawyers, Fort Worth, TX how to get full custody of a child in Texas. They can’t stand their ex and will do anything it takes to secure full custody in Texas.

Other parents come to us who legitimately believe the other parent poses a physical or emotional danger to their child, or they believe the child’s best interests will be best served if the other parent only has limited access to and visitation with the child. They too ask for help fighting for custody in Texas. 

If you’re wondering how to win child custody in Texas, the most important thing to keep in mind is that the best interest of the child is paramount in Texas family courts. Parents seeking sole custody for selfish reasons (say they want to make their ex’s life miserable) won’t have a leg to stand on.

No. The truth is getting sole custody in Texas is very difficult to achieve in almost all circumstances. Every child custody issue in Texas comes down to determining what is in the best interest of the child. Very few circumstances exist where the family courts will decide that it is not in the best interest of a child to have both parents play some role in his or her life. When possible, the state of Texas and family courts believe the more time a child spends with both parents the better.

At our Fort Worth law firm, we also don’t think that every parent who walks through our door and wants sole custody should necessarily receive it. If we believe that to be the case in your situation, we will tell you so. 

In other words, the Sisemore Law Firm agrees 100 percent with the state of Texas and the family courts that the best interest of the child should be served. Now, that doesn’t mean we won’t fight hard to achieve the best child custody and visitation outcome available to you and your child. We will. You’ll find some of the best family lawyers in Fort Worth here ready to fight for your rights.

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. 

Are you looking to completely terminate the other parent’s parental rights? This step is typically required if you want to sever all ties between the other parent and your child. This also means giving up child support unless the other parent agrees to pay some form of a financial settlement, which is highly unlikely.

Do you want to allow the other parent to spend some time with your child but ensure you are the parent who makes all of the decisions for them? You may still be able to ask to be named sole managing conservator and allow the other parent the right to perform some parental duties as a possessory conservator.  

Unless the other parent voluntarily relinquishes parental rights, the burden is on the other parent (or interested party, such as a grandparent) to provide clear and convincing evidence that termination of parental rights is in the best interest of the child.

The grounds for terminating parental rights in Texas are spelled out in Chapter 161, Subchapter A of the Texas Family Code. 

Abandonment is one potential ground for involuntary termination of parental rights. You may be able to request and win sole custody in Texas if the other parent:

• Voluntarily left a child in possession of an individual (not the other parent) with an expressed intent not to return.
• Voluntarily left a child in possession of an individual (not the other parent) without expressing intent to return, not providing support for the child and remaining away for at least 3 months.
• Voluntarily left the child alone or in the possession of another without providing adequate support for the child and remained away for a period of at least six months.
• Voluntarily and with knowledge of the pregnancy abandoned the mother of the child during pregnancy and for a period after birth.

You may also be successful in terminating the other parent’s parental rights if you can prove that he or she:

• Knowingly placed or allowed the child to be in surroundings or engaged in conduct that endangered the child’s physical or emotional wellbeing.
• Failed to support the child according to the parent’s ability within a set period of time.
• Has been convicted of or under community supervision for being criminally responsible for the death or serious injury of a child under certain sections of the penal code.
• Has been convicted of murder or sexual assault of the other parent.
• Used a controlled substance in a manner that endangered the health or safety of a child and failed to complete or abide by a court-ordered treatment program and other steps toward sobriety the court requires.
• Gave birth to a child addicted to alcohol or a controlled substance other than one legally obtained by prescription.

The above list is not complete and the offenses must be proven and meet certain circumstances in order for a judge to terminate parental rights. If you believe your child’s physical or emotional wellbeing is at risk, contact a divorce attorney in Fort Worth or the city or county where you reside to review your options.

If you can’t convince the court to terminate the other parent’s parental rights or grant you sole managing conservatorship—you and the other parent will likely end up sharing custody. In Texas, you would be named joint managing conservators (commonly referred to as joint custody), which also means the other parent will probably be allowed to make some decisions for the child.

Under a joint managing conservatorship, both parents agree—or a judge decides—which rights and duties each parent will be assigned and responsible to fulfill. When it’s left to the judge to decide, who primarily handled what duties and decisions in the past will likely be assigned to handle those responsibilities moving forward. 

That means if you have been the go-to for medical decisions and the other parent has been taking the child to church every Sunday, those circumstances would probably continue.

These specific parental rights and duties have been set forth in the Texas Family Code and include the right to make decisions about where the child lives, education, medical care and religious affiliation among others. 

What most people don’t realize is that these enumerated rights and duties may be subject to negotiation during child custody disputes and that they can be exclusive or shared. That’s why it’s important to hire a reputable divorce lawyer with experience handling child custody negotiations to help you fight for the rights you want.

Even if you don’t get sole custody in Texas, a skilled attorney can help you secure the parental rights that are most important to you—preferably with the exclusive right to make those decisions.

Some parents, usually fathers, will agree to let the other parent have full or sole custody (sole managing conservatorship) because they want to resolve things quickly for their children. They may even feel compassion for the other parent or be holding out hope for reconciliation and step back because they want to make things go as smoothly as possible for the other party.

While being compassionate and easy-going is nice, agreeing to relinquish your rights to make decisions for your child can have lasting effects. We have even seen situations where a father handles his own child custody case and agrees to the mother being sole conservator.  

Without proper legal advice, you could end up with much less access to your child than you desire, and the other parent could make decisions that you believe are not in the best interest of your child. In addition to the other parent having primary physical custody, he or she—as sole managing conservator—may also have the right to make all decisions regarding medical care, education and more.

In addition, should you decide to go back and seek a modification to your child custody orders later, the fact that the other parent was initially granted sole custody could raise red flags with the judge. He or she may question your ability to make decisions or be responsible for the child due to this fact. 

We can’t stress strongly enough how important it is to seek legal guidance when custody and visitation of a child is in question. A family law attorney can answer questions ranging from how to file for custody in Texas to how to terminate parental rights to how much child support can I expect.

Some of the most common questions our Fort Worth family lawyers hear pertain to how to get custody of a child in Texas. 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. We have handled everything from uncontested divorces to complex custody litigation and can be relied upon to handle your case with dignity while ensuring you understand your rights as a parent.

Our child custody lawyers bring immense value to child custody cases in Texas due to decades of experience in the Tarrant County family courts. Our Fort Worth family law firm knows “the devil is in the details” when it comes to negotiating child custody and visitation agreements. We make sure that seemingly small issues are not overlooked and handled properly to avoid future complications.

If you’re considering filing for custody in Texas and live in Tarrant County—whether you’re seeking sole custody or a shared custody agreement—our experienced family lawyers are here to help. The first step for any new prospective client at our firm is to schedule a confidential case review with our founder attorney Justin Sisemore. 

Prior to the consultation, our team will ask for some preliminary information from you regarding your goals, family history and dynamics, as well as what brought you to this point. The more details you can provide prior to the consultation the better, as Justin will review your case thoroughly prior to meeting with you.

During your child custody consultation, Justin will review your case and potential options. He will also explain what he believes is the best direction or strategy for your specific case. If your goal is to find out how to get full custody in Texas and Justin doesn’t believe the court will agree to that, he will explain why. 

IMPORTANT: It’s essential to be on the same page as your attorney. If you don’t agree with the strategy Justin recommends, he won’t take your case and will encourage you to seek advice from another family law attorney. (Our firm is happy to provide recommendations if you need them.)

You will also have the opportunity to ask questions during the consultation. In fact, questions are welcome! Educating clients about their options for child custody and visitation, as well as child support is a top priority for our firm. We want to make sure you have the information you need to take the next step when you walk out the door. 

Divorce can be challenging even when the two parties get along. Add animosity and anger to the mix, and children often pay the price. At the Sisemore Law Firm, our divorce lawyers, Fort Worth, TX believe children should come first. 

To learn more about sole custody, shared custody or terminating parental rights in Texas, contact us today to schedule a confidential case review. For your convenience, we offer consultations in-person, by phone or via videoconference.

Full Custody in Texas: How to File and Win Custody of Your Children

We don’t have to tell you that raising children isn’t easy. Furthermore, figuring out how to raise a child after separating from the child’s other parent can overwhelm the best of us.

Sometimes, you may feel that getting full custody in Texas is your best option. If you’re asking how to win full custody as a father or how to win full custody as a mother, we want to help you understand the process.

As a preliminary matter, there is no actual term of “full custody” under the Texas Family Code, even though most people use that term. Most often, when people say “full custody” they mean who the children live with during the school week, which is referred to as “primary” in Texas.

Sometimes though people use “full custody” as meaning the other parent relinquishing or terminating their parental rights. Other times people use “full custody” as meaning sole managing conservatorship and supervised custody for the other parent.  In this article, “full custody” will be treated as synonymous with “sole managing conservatorship”

Basic Parental Rights in Texas

The first thing to understand when determining how to get full custody of a child in Texas is the scope of the general rights that every Texas parent has. Under Texas law, every parent typically has the right to have “physical possession” of their child.

Additionally, every parent normally has the right to participate in making legal, health, educational, moral, religious, relationship, and residential decisions for their child. Each parent also has multiple duties to care for and support their child.

When parents separate, Texas law wants both parents to share their parental rights and responsibilities. If you don’t believe this sharing is possible in your situation, there are a handful of ways you can get sole custody in Texas.

How to Get Full Custody in Texas

You can fight for two kinds of custody in the Texas family law system: physical custody and legal custody. Texas law calls physical custody “possessory conservatorship,” and it labels legal custody as “managing conservatorship.” If you have sole physical custody, your child lives with you full time. If you have sole legal custody, you normally have exclusive rights to:

• Decide the location of your child’s residence,
• Consent to healthcare for your child,
• Hold or spend support payments for your child,
• Handle your child’s legal issues,
• Make decisions about your child’s education,
• Consent to your child’s marriage,
• Apply for and keep travel documents for your child,
• Consent to your child’s military service, and
• Utilize your child’s earnings and services.

You can fight for one or both of these kinds of custody. Once you determine what kind of child custody you’re seeking, you need to determine the best way to file for it.

How to File for Full Custody in Texas

There are two ways you can win full custody in a family court:

• You can file for sole custody or
• You can file to terminate the other parent’s rights.

You start your case by filing a custody or termination petition in the court where your child is a resident or in the court that presides over your divorce (if applicable). You then serve the other parent, or anyone else with custody rights, with the citation.

Now that you know how to get your case started, you need to know how to fight for your position.

How to Fight for Full Custody in Texas

Petitioning for termination of the other parent’s rights requires you to meet a different burden of proof than simply petitioning for sole custody.

Fighting for sole custody

To win sole custody, you generally have to prove that it’s in the best interest of your child. When deciding what’s in your child’s best interest, the court might look at many factors, including:

• Your child’s specific needs,
• Any relevant history of abusive behavior from you or the other parent,
• Any relevant history of neglect by you or the other parent, and
• Any relevant history of violence from you or the other parent.

It’s important to gather and organize as many records and statements as you can regarding your child’s needs and how they haven’t been met by the other parent.

Fighting to terminate the other parent’s rights

Filing to terminate someone else’s parental rights is a drastic measure, but it’s unfortunately necessary in some cases. If you believe it’s necessary to terminate the rights of your child’s other parent, we empathize with how difficult it must have been to come to that conclusion.

The State of Texas does not terminate parental rights easily. To terminate their rights you must prove that the other parent:

• Abandoned your child,
• Endangered your child,
• Neglected your child,
• Caused serious injury or death to a child,
• Committed certain criminal offenses,
• Engaged in certain forms of substance abuse, or
• Had their parental rights to another child terminated because of endangerment.

You might need to compile relevant police reports, court documents, medical reports, protection orders, and testimony to prove by clear and convincing evidence that the other parent committed one of the listed acts. Clear and convincing evidence is a high standard to fulfill. Your best option for success is to hire a skilled child custody attorney who can meet this standard for you.

How Can a Father Get Full Custody in Texas?

If you’re a father trying to figure out how to get full custody of your child in Texas, don’t assume that you don’t have equal custody rights in family court. Gone are the days when courts automatically determined that a mother should have sole custody regardless of the facts of the case. When deciding custody matters, Texas family law doesn’t consider your sex, the sex of your child, or your marital status.

In general, the court considers your characteristics as a parent, your child’s needs, and the characteristics of the other parent when making its decision. That being said, sometimes the best way for a father to get custody in Texas is by being proactive about his paternity and parental involvement from the beginning.

There are a few custody laws that specifically affect fathers

Fathers who voluntarily and knowingly abandon mothers who are pregnant with their children can be subject to termination of their parental rights. And fathers who weren’t married to the mother, weren’t living with the child for the first two years, or didn’t acknowledge their paternity might not be recognized as parents.

If you’re not married to the pregnant mother of your child, do what you can to support the mother and your child. You might need to prove you were around once you knew about the child to get any custody rights, let alone sole custody.

The Best Way for a Mother to Get Custody in Texas

Remember, the rules and standards for how to get sole custody in Texas are the same for mothers and fathers. But mothers’ parental rights can be terminated if they used alcohol or illegal, nonprescription drugs while pregnant.

If you have a notion that the other parent of your child might try to use this argument to terminate your rights, you should speak to an attorney immediately. And you should collect as many documents as possible to prove that you didn’t engage in that activity. Also, remember to keep any documents that prove that a father claiming custody doesn’t legally qualify as a parent.

Don’t Wait to Speak to an Attorney When Your Child’s Wellbeing Is at Stake

At The Larson Law Office, we know how to win child custody in Texas. The fight for sole custody isn’t always easy or realistic, and it’s often emotional. But if you’re in the greater Houston area, we’re here to help you make the best possible decisions in your custody battle and help you put yourself in a position to obtain the best possible results with the facts of your case.

Our lawyers focus on our clients’ unique needs for protecting their families. We are highly experienced and ready to fight for you. Contact us online or call us at 713-221-9088.

The right of fathers to communicate and educate their children.

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The right of fathers to communicate and raise their children after a divorce under the family law of Russia and the state of Texas USA.

Divorce is an ordeal. In the process of its implementation, it is important to resolve the following issues with your spouse:

• Who will the child live with?
• How to resolve the issue of communication with the child, will it be only in the presence of the other parent or can this be avoided?

Consider how the process of dissolution of marriage takes place in one of the well-known American states of the USA.

An application is filed to the court for divorce.
Spouses and their lawyers develop an appropriate procedure for dealing with the child, taking into account the best interests of the child. This approach exists in the "friendly" relationship of parents.

Sexual (gender) preferences

Many fathers enter the state of Texas to assert their rights to custody of their child. Texas law gives both parents the same rights to raise their children. This provision was established by amending the Equal Rights Act at 1973, in 1987, the same clause was added to the Family Code in 1987, adding that the State of Texas has an interest in ensuring that children have frequent and continued contact with both parents for as long as is in the child's best interests.

However, according to statistics, with whom will the child live? the court gives preference to mothers, especially if the child is too young.

Legal custody or joint parenting of a child by both parents

There are two types of guardianship in Texas law:

• By law
• Co-parenting

Texas advocates joint custody, in which parents have an equal say in the child's education, medical treatment, and religion.

physical custody

Another form of communication with a child is the so-called physical custody. This term means when the child primarily spends his time, that is, he lives alternately in the house of each of the parents with the consent of the parents. Otherwise, the court may independently oblige one of the parents to directly take care of the child, i.e. to be the main parent, and the other will have the right to visit the child in accordance with the contract or schedule.

Child rearing agreement

The courts believe that parents know their children better, therefore they trust the agreements concluded by the parents on the upbringing of the child and trust the parents.

Judgment

If the parties cannot reach an amicable agreement, one of the parents may apply for sole custody of the child. When making decisions regarding physical custody, courts consider a range of factors, including the mental and physical health of each parent, and inquiries about cases of domestic violence or child abuse that may endanger the health and safety of the child.
When a child reaches the age of 12, the court must take into account the preferences of the child. The court also finds out who, before the divorce, took a greater part in the upbringing of the child, that is, which of the parents prepared food for the child, spent most of the time with the child, and even visited the nursery.

Russian family law is also sensitive to the issues of health and education of children.

The Family Code of the Russian Federation contains a number of norms on the rights of the child to communicate with their parents.
Communication of a child with both parents and even grandparents is not limited by law.
The right of the child cannot be restricted even if the parents live in different countries.

Also, parents cannot be limited in exercising their rights to communicate with children.
Parents can conclude an agreement on the order of communication with the child, and if this agreement is not reached, the Russian court will resolve the dispute.

In the event that the parents violate the terms of the court decision, then administrative measures may be applied to them.

Divorce situations -

The child has the right to maintain a close and secure relationship with both parents even after their divorce. In the case of separation, the parents must agree among themselves on the custody of the child, his residence, visitation rights and the payment of alimony.

Parents must decide whether they are still the child's guardians and with whom the child will live. The child has the right to meet with both parents, and both parents are required to participate in the maintenance/financing of the child's living expenses.

One parent may be ordered to pay child support to the other parent who has the child's registered residence.

Joint custody or sole custody

The most common form of child custody after a parent's divorce is joint custody. This means that parents decide together on issues that are important for the child's life, such as parenting, medical issues or travel.

Matters relating to the child's daily life are decided by the person with whom the child lives. If the parents are joint guardians of the child, one parent does not have the right to change the place of residence of the child, taking him abroad, without the consent of the other parent, even if the child lives with the parent taking him abroad. When applying for a child's passport, both parents must sign the application for a passport.

If joint custody is not the best solution after the parents divorce, one parent can apply for sole custody of the child. This means that the single parent will be able to independently resolve issues concerning the child, without consulting with the other parent. However, in all situations, it should be remembered that the child has the right to meet with both parents.

Useful links

• You can find more information and support in English on the Apuaeroon.fi website.

When divorce becomes a decision

An application for divorce can be filed by both spouses jointly or by one of the spouses. After a six-month deliberation period, the divorce is confirmed and takes effect. A civil marriage is considered completed when the spouses cease to live at the same address.

Agreements concerning children after divorce

Advice and agreements relating to divorce, custody of children, their residence, visits and maintenance are provided by the family law services of the municipalities.

From the children's point of view, a joint agreement between the parents on matters relating to child custody, housing and visitation rights, and alimony is preferable. Parents can agree on all issues at their discretion.

An agreement may be concluded orally or in writing. However, a written agreement is preferred so that parents can submit it for approval by the child welfare officer. This guarantees the realization of the right of the child to meet with both parents. If one of the guardians does not take part in the maintenance of the child in an agreed manner, in the absence of a formal agreement with the authorities, Kela will not pay child support.

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