Knowing your child is safe is usually the most important discussion point of your divorce, and sometimes a parent like you may seek “full custody” from the court to ensure it. Before pursuing this route, however, it’s important that you understand how to get full custody of a child in Texas.
This guide explains what full custody actually means, what the law requires you to show to obtain it, and how courts often approach these cases. If you’re planning to apply for full custody, having realistic expectations is essential, and a family law attorney can help.
In this blog, How to Get Full Custody of a Child in Texas, here is what we'll cover:
- What is "full custody" called in Texas?
- How do you get sole managing conservatorship of your child?
- What evidence do courts look for in a full custody case?
- Does having full custody completely cut the other parent out?
- How do you apply for full custody of your child?
What is "full custody" called in Texas?
The closest legal equivalent to full custody in Texas is called sole managing conservatorship, which gives one parent the exclusive right to make the major decisions in a child's life. Often, when people ask how to get full custody, what they’re really asking is how to be appointed sole managing conservator instead of sharing those rights as joint managing conservators.
Under Texas Family Code section 153.132, a parent named sole managing conservator holds exclusive rights, including determining where the child lives, consenting to invasive medical treatment, and making decisions about education.
How do you get sole managing conservatorship of your child?
This is the part that surprises most parents. Texas law starts against you, on purpose. Under Texas Family Code section 153.131, there’s a presumption that appointing both parents as joint managing conservators is in the child's best interest. To be named sole managing conservator, you have to overcome that presumption.
While the statute sets a high bar, it also offers relief to parents who are genuinely concerned about their child’s safety. General frustration with your co-parent, or the fact that you disagree often, will not meet that standard on its own. If a co-parent’s presence would significantly impair the child's physical health or emotional development, that is another story altogether.
For example, a court's finding of a history of family violence involving your co-parent removes the joint managing conservatorship presumption entirely. Under Texas Family Code section 153.004, a history or pattern of family violence or of physical or sexual abuse can also prevent a joint managing appointment. A family law attorney can help you examine the facts and determine how to present the court with evidence of past or potential harm.
What evidence do courts look for in a full custody case?
Under Texas Family Code section 153.002, the best interest of the child is always the court's primary consideration. And contrary to popular belief, the law also does not favor mothers or fathers. Section 153.003 states that a court may not discriminate based on sex or marital status, so what carries the day is evidence, not gender.
To evaluate the child’s best interest, Texas courts commonly apply a set of factors from a Texas Supreme Court decision, Holley v. Adams, which are often called the Holley factors. These factors include the child's wishes, their present and future emotional and physical needs, any emotional or physical danger, the parenting abilities of each person seeking custody, the stability of each proposed home, and any acts or omissions suggesting the relationship is improper.
In practice, courts want specific, documented facts to back up your arguments, not general complaints. Depending on your situation, that can mean records of family violence, protective orders, evidence of substance abuse, patterns of neglect or absence, or proof your co-parent cannot provide a stable home.
Does having full custody completely cut the other parent out?
Usually not, and this is an important expectation for you to set: Being named sole managing conservator does not automatically end the other parent's time with the child. In many cases, the other parent is appointed a possessory conservator with a right to possession and access under Texas Family Code section 153.191. That is, unless the court finds that access would not be in the child's best interest and would endanger their physical or emotional welfare.
In the end, it takes a very strong argument to completely exclude a co-parent from contact with your child. Even when there are safety concerns, courts can still decide to limit access instead of outright ending it; ordering supervised visitation is one such way.
How do you apply for full custody of your child?
Sole managing conservatorship is one of the harder outcomes to obtain in Texas family law, precisely because the law is built to keep both parents involved. That does not mean it is out of reach when the facts support it. Preparation and evidence matter the most if you plan to apply.
If you are worried about your child's safety and considering sole custody, the team at Ballard & Fleetwood, PLLC, can help you understand whether your circumstances meet the standard and how to build a case around what matters most: your child's wellbeing.
References
- Texas Family Code section 153.132, Rights and Duties of Parent Appointed Sole Managing Conservator. Texas Statutes, Texas Legislature. https://statutes.capitol.texas.gov/Docs/FA/htm/FA.153.htm
- Texas Family Code section 153.131, Presumption That Parent to Be Appointed Managing Conservator. Texas Statutes, Texas Legislature. https://statutes.capitol.texas.gov/Docs/FA/htm/FA.153.htm
- Texas Family Code section 153.004, History of Domestic Violence or Sexual Abuse. Texas Statutes, Texas Legislature. https://statutes.capitol.texas.gov/Docs/FA/htm/FA.153.htm
- Texas Family Code section 153.002, Best Interest of Child. Texas Statutes, Texas Legislature. https://statutes.capitol.texas.gov/Docs/FA/htm/FA.153.htm
- Holley v. Adams, 544 S.W.2d 367 (Tex. 1976). Supreme Court of Texas. https://law.justia.com/cases/texas/supreme-court/1976/b-5880-0.html
- Texas Family Code section 153.003, No Discrimination Based on Sex or Marital Status. Texas Statutes, Texas Legislature. https://statutes.capitol.texas.gov/Docs/FA/htm/FA.153.htm
- Texas Family Code section 153.191, Presumption That Parent to Be Appointed Possessory Conservator. Texas Statutes, Texas Legislature. https://statutes.capitol.texas.gov/Docs/FA/htm/FA.153.htm
Disclaimer: This page, How to Get Full Custody of a Child in Texas, and all of its contents, including any sources cited, are for informational purposes only and not for the purpose of providing legal advice. Use of and access to this article or any of the links contained within the article do not create an attorney-client relationship between the author and the user or browser. You should contact your attorney to obtain advice with respect to any particular issue or problem.