How Can a Father Get Full Custody in Texas?

A common misconception is that the court favors mothers in child custody cases. Because of this misinformation, child custody disputes can feel particularly daunting and challenging for fathers. You may wonder, “How can a father get full custody in Texas? Is it even possible?” Below, we discuss the basics of Texas child custody laws, examples of when a court may award sole custody, and how a father can strengthen his case for full custody.

Understanding Texas Child Custody Laws

Under Texas law, neither parent starts with a legal advantage regarding child custody. Instead of favoring the mother or father, Texas uses the “best interest of the child” standard when determining custody. The court looks at various factors to decide what custody arrangement would be best for the child’s well-being and development. 

There are two main types of custody arrangements in Texas:

Joint Managing Conservatorship (JMC)

Joint managing conservatorship, or joint custody, is Texas’s most common form of child custody. When both parents are named joint managing conservators, they share rights and duties concerning their child. Joint custody does not necessarily mean that both parents get 50/50 custody. However, both parents have a say in the child’s upbringing.

Sole Managing Conservatorship (SMC) 

Sole managing conservatorship is what many people think of as full custody. If one parent is named the sole managing conservator, they get full legal and physical custody of their child. Full custody includes choosing the child’s primary residence and having the legal right to make most, if not all, decisions about the child’s upbringing without consulting the other parent. 

However, it is important to understand that having sole custody does not mean the other parent will not have visitation rights or any role in the child’s life.

In Texas, courts generally believe that a child benefits from maintaining a relationship with both parents as long as it is safe for the child. Therefore, courts prefer awarding joint custody unless specific circumstances warrant sole custody. 

When Does the Court Award Full Custody in Texas?

The child’s best interest is at the center of any custody decision the court makes. While the court presumes it is in a child’s best interest to have both parents active in their life, there are situations where a court will award sole or full custody to one parent. 

Situations where a court finds a parent to be unfit or where the child’s safety is in jeopardy are among the most pressing reasons that may lead to one parent being awarded full custody. Examples of factors that could lead to sole custody include, but are not limited to: 

• History of domestic violence
• Child abuse or neglect
• Substance abuse or addiction
• Absence from the child’s life
• Criminal history or incarceration 

How to Get Full Custody as a Father in Texas

If your child’s mother is active in your child’s life, getting full custody may be very difficult. In order to gain full custody, you must prove to the court that sole custody is in your child’s best interest. A judge will not make that decision lightly. A few tips to build your case for sole managing conservatorship include the following:

1. Be an Involved Parent

Though tensions may be high with your child’s mother, you should not abandon your parental duties. Maintain your parental responsibilities and be as active in your child’s life as possible. Consistent engagement, open communication, and a genuine interest in your child’s daily life not only improve your father-child bond but can also strengthen your child custody case.

For example, you should attend school events, extracurriculars, doctor’s appointments, parent-teacher conferences, and other appointments involving your child. Engage in your child’s hobbies, assist with homework, and establish regular routines like bedtime stories or weekend outings.

Evidence of your involvement is critical to supporting your case. For example, document the activities you participate in with your child. Keep records of attending school events and appointments. Save communication exchanges with your child’s teachers or doctors that highlight your engagement. Even statements from friends, family, or community members can be strong evidence of your active role in your child’s life.

2. Avoid Moving Out of the House Where Your Child Lives

Unless there is a safety concern, we recommend waiting until a hearing and the judge to order one of you to vacate the marital residence. While it may seem necessary to move out for the sake of peace, it can inadvertently signal to the court a willingness to give up your daily involvement and maintain a stable environment for your child.

Remaining in the home stresses your commitment to maintaining stability for your child. It also ensures you can maintain your everyday parental duties and actively participate in your child’s daily life.

3. Look for Weaknesses in Your Case

Can you anticipate arguments the child’s mother might raise against your claim for full custody? What about any evidence she may use against you? You should spend time evaluating and addressing any weaknesses in your case. 

Potential weaknesses may include, but are not limited to:

• Gaps in involvement in your child’s life
• Past legal issues
• Financial instability
• Housing instability
• Untreated mental health issues
• Your associations with certain people

Recognizing any weaknesses in your case allows you to take corrective actions or provide context. For example, suppose you have had periods of reduced involvement in your child’s life due to work obligations that required extended travel. You should gather evidence of efforts made during those periods to stay involved, such as regular calls. If applicable, you should also present a change in your work schedule that allows for consistent involvement, like a new job or adjusted travel hours.

We recommend working with an experienced Texas child custody lawyer for your case. Your attorney can help you identify potential weak points in your case and develop a strategy to help you address them effectively.

4. Gather Evidence Against Your Child’s Other Parent

Remember, potential factors that may sway a judge to award sole custody include:

• History of domestic violence
• Child abuse or neglect
• Substance abuse or addiction
• Absence from the child’s life
• Criminal history or incarceration 

You will need a compelling, evidence-based case for full custody. It will take proving that your child’s mother does not deserve physical or legal custody. 

Start by documenting specific incidents with details like dates, times, and descriptions. If possible, verify these incidents with witness statements from neutral third parties. Other compelling evidence may include:

• Police reports
• Medical records
• Court documents
• Protection or restraining orders
• Documentation of substance abuse
• Documented communication of concerning behavior

Schedule a Consultation With Our Texas Child Custody Lawyers

Child custody decisions have long-lasting implications for both you and your child. An attorney can help you address vulnerabilities that could hurt your case and build a compelling custody case.

If you are a father facing child custody issues in Texas, do not hesitate to reach out to our experienced child custody lawyers for help. At Warren & Migliaccio, we represent fathers like you in custody matters to help them obtain the best possible results for their cases. Contact us online or call our office to discuss your situation today.