In Texas, the term “sole custody” isn’t a term officially used in court proceedings. Instead, what is thought of as “sole custody” is called “sole managing conservatorship” in family courts. This type of legal arrangement allows one parent to have the exclusive authority to make important decisions about their child’s life, including decisions on matters such as the child’s education, healthcare, and religious upbringing.
How to Get “Sole Custody” in Texas
To begin the process of obtaining sole custody, you need to file a petition in your county’s family court. This petition is a formal document that outlines your reasons for seeking sole custody and explains how it would benefit your child.
To support your petition, you should gather and present evidence that substantiates your claim for sole custody. This evidence might include instances of neglect, abuse, or other issues that could affect the child’s well-being.
You will then need to attend a court hearing where both parents present their cases. The judge will review the evidence, listen to testimonies, and decide based on what is in the child’s best interest.
In some situations, the court may order mediation to help both parents reach an agreement without going to trial. Mediation can be a helpful step in finding a compromise.
Once all information has been reviewed, the judge will make a decision and issue a ruling. If you are granted sole custody, the court will provide a formal order detailing your rights and responsibilities.
How to Get “Sole Custody” if You Aren’t the Child’s Parent
If you are not a biological parent but wish to seek sole custody, the process can be more complex but remains feasible under certain conditions. The biggest difference if you are seeking sole custody and are not a parent is that you must first establish legal standing. This typically involves demonstrating that you have a significant relationship with the child and that you are capable of meeting their needs. However, under Texas law, a judge will appoint a parent to have sole custody unless the judge finds that having the parent as a sole managing conservator would not be in the best interest of the child.
It is highly advisable to consult with an experienced family law attorney who can guide you through this intricate process and help you understand your legal standing.
Rights of a Sole Managing Conservator
As the parent granted sole custody, you will have several important rights, including:
- Major Decision-Making: You will have the exclusive right to make decisions about your child’s education, health care, and religious upbringing.
- Living Arrangements: You can determine where your child will live and with whom.
- Control Over Access: You have authority over the child’s interactions with the non-custodial parent, though the court may set visitation schedules to ensure the child maintains a relationship with both parents.
While sole custody gives you the final say in key decisions, it doesn’t necessarily mean the other parent will be completely excluded from the child’s life unless the court decides otherwise for safety reasons.
What Rights Do You Have if the Other Parent Has “Sole Custody”
If you’re not the sole managing conservator, you still have certain rights and responsibilities. These can vary depending on the court’s decision, but generally include:
- Possession and Access: You may have visitation rights or scheduled time with the child. The specific details of these rights will be outlined in the court order.
- Decision-Making Input: While you may not have the final say, you might still have a say in certain day-to-day matters or be involved in discussions about the child’s welfare.
- Communication: You may be able to communicate with the child, and the court may establish guidelines for how and when this communication should occur.
The aim is to ensure that the child maintains a relationship with both parents, unless it’s deemed harmful.
Factors Courts Consider in Awarding Sole Managing Conservatorship
Texas courts weigh several factors when deciding whether to grant sole managing conservatorship. The court’s main focus is what arrangement will best serve the child’s emotional and physical health. Some other key considerations include:
- History of domestic violence or neglect
- Substance abuse issues
- Ability to provide for the child’s physical and emotional needs
The Role of a Guardian Ad Litem in Custody Cases
In some custody cases, the court may appoint a guardian ad litem to represent the child’s best interests. This neutral third party investigates the family situation and makes recommendations to the court. If the guardian ad litem believes sole managing conservatorship is in the child’s best interest, they may recommend it to the court.
Need Help with a Child Custody Case? Call Us.
Navigating sole custody cases in Texas can be challenging. Every family’s situation is unique, and the legal process can be complex. At Varghese Summersett, our team of skilled family law attorneys is dedicated to helping parents understand their rights and options in custody cases. We can guide you through the legal process, help you build a strong case, and advocate for your child’s best interests. Call today at (817) 203-2220 to schedule a consultation with one of our experienced family law attorneys.
