Can a Father Request Sole Custody of His Child?
Are you a father in Texas who is preparing for or going through a difficult custody battle? Our state strongly favors some form of shared legal custody for parents. Our child custody attorney provides an overview of what fathers need to know about seeking sole custody in Texas.
Know Your Terms: Conservatorship (Managing and Possessory)
In Texas, the legal term for child custody is “conservatorship.” There are two primary types: managing conservatorship and possessory conservatorship. A managing conservator is granted the authority to make significant decisions about the child’s life, such as education, healthcare, and religion. A possessory conservator has the right to visitation and spend scheduled time with the child.
Texas Strongly Favors Some Form of Shared Parental Responsibilities (Joint Custody)
The Texas Family Code reflects a preference for shared parental responsibilities whenever possible. Courts often favor joint managing conservatorship, in which both parents are allowed to participate in key decisions affecting their child. Joint possession may also be awarded.
A Father Has the Right to Seek Sole Custody
While joint custody is generally favored in Texas, fathers have the right to seek sole custody if they believe it is in their child’s best interest. To succeed, a father must provide compelling evidence showing why the other parent should not share custody. Some of the most common reasons include issues:
- Parental neglect
- Parental abuse
- Alcohol addiction
- Substance abuse
Child Custody Claims Tip: Fathers should also be prepared to show they can provide their children with a stable, nurturing environment.
The Best Interest of the Child is the Top Priority in Texas
Under Texas law (Tex. Fam. Code § 153.002), the child’s best interests are always the primary priority of courts. They are used to determine the appropriate outcome regarding custody and visitation. As noted, it is presumed, though, that some form of joint custody is in the child’s best interests. A father can obtain both sole physical custody and sole legal custody of a child if he can demonstrate that granting him those rights—and, therefore, depriving the other parent of those rights—is best for the child’s health, safety, and well-being. As these are complicated cases, fathers need an experienced attorney.
Speak with Our Pearland, TX, Child Custody Attorney Today
At The Powell Law Firm, our Texas family law attorney has extensive experience handling child custody cases. If you are a father seeking sole custody rights, please do not hesitate to contact us today for a completely confidential, no-obligation consultation. From our Pearland office, our firm handles complex child custody cases throughout Southeast Texas.
