Pursuing full custody of a child in Texas is a big decision, and whatever happens, it’s going to have a profound effect on you, your children (including any you may have with other people), the child’s other parent, and even your extended family. Having full custody means you have primary responsibility for making all the important decisions about your child’s life. It also means the child lives with you and may or may not have visitation time with their other parent. Talk with the Houston family law attorney about whether pursuing full custody is the right decision and for a full explanation of what to expect in your case.
What Should You Consider Before Pursuing Full Custody?
When we talk about “full custody” here in Texas, what is usually meant is sole managing conservatorship. This doesn’t mean that the other parent has no rights at all: very often, the courts award the other parent “possession and access,” which is the Texas term for what is popularly termed “visitation rights.” But the other parent’s role will be limited. You will make all major decisions about your child, such as what healthcare they should receive, whether they receive any religious training and what type it is, what school they go to, etc. You will not need to get any input from the other parent to make these decisions.
However, Texas courts do not prefer this arrangement if it’s at all possible to avoid. The courts assume that it is in the child’s best interest to have both parents fully involved in their lives until evidence is presented to the contrary. This means getting full custody is not an easy process because you will need to definitively prove why this arrangement is the best for your child.
You also need to be aware of the following before you begin:
The Other Parent Isn’t Necessarily Out of the Picture Entirely
There are rare situations where the other parent will not be allowed to have any access to the child and may have their parental rights completely terminated. But this is an extreme and rare situation: in almost all cases, the court allows the other parent at least some contact. This means that even though your child will be living with you, and you will be making all the decisions, you can’t just count the other parent out of the picture entirely. They will have input in your child’s life, at least informally as they interact with your child; and it is likely they will still have opinions about how the child is being raised that they may attempt to bring up with the child, you, or other family members.
How do you deal with this? The best thing to do is to speak with an experienced Houston family law attorney. Your attorney can help you in many ways if there are issues here. For example, if you believe that the other parent is becoming a danger to your child, your lawyer can help you petition the court to cut off access entirely or to allow only supervised access. If the other parent is actively trying to undermine your relationship with your child, this is also something that your lawyer can use before the court. Only a lawyer can tell you about all your options, however, and it’s important to understand that you do not have any right to interfere with the other parent’s access to the child. Even if the other parent isn’t following the court order, you need to deal with it by going through the courts rather than attempt to force compliance on your own.
The Child’s Best Interests Comes First
Texas courts always focus on what’s best for the child when deciding custody cases: this is the single most important factor in any decision, and it trumps your needs, preferences, and desires (and those of the child’s other parent). If you fully understand this before you begin, it can help a great deal because it can keep you focused on what the court will focused on.
You are going to have to show that living with you full-time will be better for your child than sharing living time with both parents. Think through how full custody will affect your child. Will it give them more stability? How might it strain their relationship with the other parent? Is it the only safe option, or are there other ways to protect your child? Do you want full access because it’s truly what’s best for your child, or because you want to hurt the other parent? Be honest with yourself about these questions and the situation and how it is going to impact your child. If you can be honest with yourself like this, you will have what you need to make a good case in court for full custody.
Prepare for a Legal Battle with Your Houston Family Law Attorney
Pursuing full custody can be a long and emotional process, and it’s important to know going in that the Texas courts don’t grant sole managing conservatorship easily. The court will expect extensive evidence: not just evidence showing your capabilities as a parent but also evidence showing the other parent’s lack of parenting skill, a history of abuse or neglect, or simply evidence that full custody is best for the child in other ways. The evidence you’ll need could include things like school records, medical reports, or text messages that show the other parent’s behavior.
You might also need witnesses, like teachers or family members, who can speak about your parenting and the child’s well-being. If there’s been abuse or neglect, police reports or court documents will be very important parts of your case. Keep everything organized and be honest, because the court will check your claims, and if the court thinks you’re not being honest, that will weigh heavily against you.
Building a strong case takes time, so start preparing early to avoid feeling rushed, and talk to a lawyer as soon as possible. A lawyer with experience in this area will know exactly what evidence you need, will help you find it, and then will put it all together to show the “story” of the true situation and what’s really best for your child.
This Will Have an Emotional Impact on You and Your Child
Having full custody may be the very best thing: that doesn’t mean it won’t be an emotional process. Court hearings are stressful, you’ll have to deal with conflicts with the other parent, and the whole thing is likely to feel overwhelming.
Bear in mind that your child may feel angry, sad, or even guilty, and this is normal. Even if your child understands theoretically that he or she had nothing to do with breaking up your marriage or is not responsible in any way for the other parent’s abuse or neglect, these feelings come up anyway. Talk to your child in a way that’s appropriate for their age, reassure them of your love for them, avoid speaking negatively about the other parent in front of them, and don’t be afraid to get professional therapy for you or your child.
Pursuing full custody is not simple, but if it’s the right thing for your child, it’s important. Contact us now at the Clark Law Firm, PC in Houston, TX for experienced help.
