In Texas, you can file for custody of your child as a sole or joint managing conservator. You must provide clear and convincing evidence that your child’s other parent threatens the child’s safety. This proof could include police reports, medical records documenting abuse or addiction, and testimony from witnesses.

What Is Sole Custody?

In Texas, parents can have shared or joint custody. When a parent wants to have exclusive rights, they need to file for custody under the Texas sole custody laws. This is known as asking to become a “sole managing conservator.” A person with sole child custody has all the parental rights and responsibilities. They can make legal, health, educational, moral, religious and relationship decisions for the child. They also designate the child’s primary residence.

When a court grants sole custody, it usually considers the child’s best interests, as well as the character of each parent. The court may consider the child’s relationships with each parent, the ability of each parent to care for the child’s physical and emotional needs, and any history of abuse or neglect by either parent.

The court may also consider cultural or religious factors if it is in the child’s best interest. It is important to have an experienced attorney at the forefront of your case so that you can provide the strongest arguments on your behalf.

What Is Joint Custody?

In Texas, judges normally award joint legal and physical custody of a child. This means both parents have a say in the important decisions regarding their child’s health, education, religious instruction, and welfare. Judges rarely award sole custody unless the other parent is not fit to be a parent, criminal, or dangerous person.

However, if you are fighting for sole custody, there are some steps you can take to increase your chances of winning. For example, you can gather evidence, such as police reports or medical documents about domestic violence, drug abuse, or mental illness, to help the court decide for your children.

An experienced family law attorney can also help you navigate the process and ensure that any parenting plan or agreement is in your child’s best interests. Contact a family lawyer today to discuss your options for getting sole custody of your child in Texas. The sooner you start working with a qualified attorney, the better your chance of obtaining your desired custody arrangement.

What Is Possession and Access?

In custody disputes, possession and access refer to how separated parents divide their parenting time. Under Texas law, either parent may file for primary physical custody (making them the custodial parent) or sole managing conservatorship rights to the children. Getting sole custody is difficult, as the other parent must be proven dangerous or unfit through documentation and evidence such as police reports, court and medical records, text messages, voicemails, and social media posts.

When a person gains sole custody, they retain almost all autonomous parental rights, including the ability to make major decisions about the child’s life. However, consulting an experienced family law attorney before taking action is important. The attorney can help create a parenting plan with a customized possession schedule for the unique circumstances of your case. The program can later be modified if the family experiences a change in event. Possession and access schedules are crucial to every divorced parent’s parenting plan. It outlines the time each parent will have with their children and dictates when the other parent can spend quality time with them.

What Is Possession Orders?

If a parent wins sole custody, they get the right to manage decisions concerning their child and the exclusive responsibility of providing for their physical needs. This is often called “sole managing conservatorship.” Parents who share joint custody have equal rights and obligations, and both parents are given access to medical records, school activities and other information.

Texas law defines parental rights and responsibilities for children under a Conservatorship, Possession and Access Act that sets out the guidelines for custody decisions and parenting time. Standard possession orders (SPOs) provide noncustodial parents with a schedule that gives them access to their kids the first, third and fifth weekends of each month, on Thursday nights during the school year, on alternating holidays and an extended period over summer and spring break.

A judge may also award an Expanded Standard Possession Order or ESPO. These give the noncustodial parent additional time with their kids, including overnight stays and longer vacation periods. This was implemented recently by legislation that passed noncustodial parents who live within 50 miles of their kids more visitation rights than before.

What Is Possession and Access Schedules?

When Texas parents divorce, the court must establish a visitation or custody schedule for their children; this is often referred to as a “possession and access” arrangement, although family courts use conservatorship in determining parental rights. Whether the child’s parent is granted sole or joint managing conservatorship will assess their ability to make major decisions for the child, such as medical procedures, schooling options, psychological treatment and other major life choices.

Generally, the standard possession and access order gives each parent 30 days of summer vacation, designated weekends, every other Thursday evening and alternating spring breaks. However, parents can often customize these arrangements to fit their unique work schedules or specific needs.

Obtaining sole custody in Texas is extremely rare. Still, this may be possible if you can prove your ex-partner endangered the child’s physical or emotional health through neglect, abuse, addiction, criminal behavior or mental impairment. In these situations, the court would likely impose more restrictive provisions for periods of possession to ensure the child’s safety. This could include a stricter limit on time in the home, restricted visitation hours or restrictions on where the child can go.