WHAT IS SOLE CUSTODY IN TEXAS?
WHEN YOU NEED FULL CUSTODY, EXPERIENCE MATTERS.
Child custody battles are emotional and intense. You need an experienced lawyer with a proven track record for getting clients full custody of their children when it is appropriate. Jeff Anderson is board certified in family law by the Texas Board of Legal Specialization and has more 25 years of experience as a sole custody lawyer in Dallas, Frisco, and Plano.
In Texas there is a strong presumption that joint legal custody should be granted whenever possible. Sole legal custody, also known in Texas as ‘sole managing conservatorship’, is also possible, but it is granted only when a court finds that it is in the best interest of the child that one parent is given most of the exclusive rights and responsibilities of decision making. This typically only happens if the other parent is deemed not capable or not willing to take part in raising the child or if the parents can’t get along enough to co-parent. Since the presumption that both parents should be active in the child’s life is so strong in Texas, sole custody can be very difficult to obtain if it is against the other parent’s will. If you are seeking sole custody, an experienced and aggressive sole custody attorney is absolutely critical to help you throughout the process.
How Do I Overcome The Presumption In Favor Of Joint Custody?
If you are going to obtain sole custody against the will of the other parent you will need an aggressive attorney fighting for you. You will need to overcome Texas’ presumption in favor of joint custody. Whether you are going through a divorce or common law marriage split the circumstances for custody are the same. Certain factors are relevant in terms of trying to win sole custody, which include:
- Showing a history of family violence;
- Demonstrating that joint custody would not be in the child’s best interest because it would put the child’s physical and emotional safety at risk;
- Demonstrating that the other parent has a history of absent parenting;
- Showing that the other parent is incapable of co-parenting to the detriment of the child’s development; and
- If the child is at least twelve years old, showing that the child has a strong preference to live with you over the other parent.
There is no question that getting sole custody of children is a tough battle in Texas. If you feel that you are in a situation where you might have the right to sole custody and that your child would be better off with your sole custody, you need to consult an experienced and aggressive lawyer for full custody of your kids.
What Does Sole Custody Mean For Visitation Rights?
If you receive sole custody or sole managing conservatorship of a child, it means that you will have all the management and decision making rights for the child. However, the other parent will not be stripped of their visitation rights. In Texas, the other parent has what is called a possessory conservatorship. This parent gets few management rights in the life of the child, but still has the right to establish a relationship with the child through visitation. Generally the court will define specific parameters for how visitation rights will be exercised.
Contact An Experienced Lawyer for Sole Custody of Your Kids!
If you are attempting to obtain sole child custody, the experience can be daunting and the dispute can be extremely stressful. Jeff Anderson is an aggressive child custody lawyer who can put your mind at ease by explaining the whole process and making sure you understand and agree with all aspects of the legal strategy. Then, he will aggressively go to work to protect your parental rights and the health and safety of your children. If you have any questions about sole child custody in Texas, contact Jeff Anderson today.