Can I Get Sole Custody of My Kids in Texas?

 Posted on June 12, 2024 in Child Custody

No divorce is easy, but divorce between parents can be particularly complicated because it does not only affect the two spouses. In addition to all the other aspects of divorce that need to be decided, like spousal support, division of assets, and retirement funds, divorcing parents also need to work out which parent will have which responsibilities for the children and under what circumstances. While the state of Texas generally prefers some type of joint custody arrangement whenever possible, there are certain scenarios where it is beneficial to the child to be under the sole care of only one parent. If you are headed toward a divorce and want to pursue sole custody, speak with an experienced Tarrant County, TX family law attorney who can help you navigate the process.

What Exactly Is Custody?

There is a bit of confusion surrounding the topic of custody because different states use different terms to mean various aspects of a parenting arrangement. In the state of Texas, custody comprises two sub-categories:

• Possession and access: This refers to the amount of time the child spends with a parent and information about who the child will live with. If the parents have a joint arrangement, this will include details about when the child stays with each parent.
• Conservatorship: This includes the parent’s ability to make important decisions on behalf of their child. Decisions might be about the child’s school, the religion they are brought up in, or medical procedures the child might need. A conservatorship agreement will explain which parent has the right to make which decisions. 

How Are Custody Arrangements Decided?

Texas courts tend to seek an arrangement where both parents have some degree of parental rights and responsibilities. Many times, both parents are capable of providing their child with a safe environment and making decisions in the child’s best interest. However, in extreme cases, a parent might be considered harmful to the child or an otherwise unfit parent.

If your ex has abused the child physically, sexually, or emotionally, has neglected or abandoned the child, is guilty of child endangerment, or has a violent criminal history, you might have a sufficient case to petition the court for sole custody. While denying a parent any access to their child is very rare, it is certainly not impossible, especially if you can demonstrate that your ex poses a risk to your child.

If you and your ex have shared custody but you are worried that your child is not safe, contact the police immediately so they can investigate and remove your child from any environment found to be harmful.

Contact a Tarrant County, TX Child Custody Attorney

If you are concerned that your child will not be safe with their other parent, contact a Dallas, TX child custody lawyer to understand your options. At Law Office of Michelle Poblenz, our experienced family law attorney fights hard for our clients and prioritizes providing them with personalized care. Call us at 469-845-3031 so we can get started on your case.