In cases concerning divorce, the court will favor whichever option - full or joint - proves to be in the best interests of the children involved. Factors taken into account by the courts may vary depending upon the specific circumstances but typically include age compatibility between parents/children and any past involvement in abuse or neglect on either side. Ultimately, understanding how parental rights function within both forms of agreement can help provide support to your family reorganization during this difficult time.
Types of Custody Arrangements in TexasTypes of Custody Arrangements in Texas are typically categorized as either full custody, where one parent has sole responsibility for making decisions regarding the child’s welfare, or joint custody, which refers to a shared responsibility between both parents.
Full custody is also known as sole managing conservatorship. It gives one parent full control over decisions about education, medical care, and religious upbringing with the other parent having only visitation rights. On the other hand, joint custody is referred to as joint managing conservatorship and grants both parents legal authority to make decisions concerning the child’s wellbeing. This can be further broken down into two forms – joint physical custody and joint legal custody. Joint physical custody dictates that the child have a divided but equal amount of time spent living with each parent while joint legal custodians grant both parents equal rights in making important decisions that affect the child’s life such as educational and health needs.
Evidence Required to Obtain Sole Custody in TexasWhen a parent is seeking full custody of their child in Texas, it is important to understand that the court system will favor a joint custody agreement over a sole one. This indicates that both parents have an active role in the raising and care of their children and are seen as providing the most stability for them. In order to obtain sole custody, a parent must be able to show evidence that shared custody would not be in the best interest of their child. Such evidence can take many forms; such as a history of physical or emotional abuse between the parents, drug use by one parent, or simply an indication that they don’t have adequate resources to raise their child independently. Proof can also include things like how far away each parent lives from each other and any criminal activity on each parent’s records. Ultimately, this evidence helps provide proof to the court that granting full custody would provide greater safety or security for the child than shared custody would. Through this process, the courts are then able to decide what would ultimately be best for the minor child based on precedent and past cases related to similar situations.
Advocating for Joint Custody in the State of TexasWhen advocating for joint custody in the state of Texas, it is important to provide evidence that shows you are able to adequately care for your child. This includes being able to demonstrate a stable home environment and an active involvement in their life. This can be accomplished through testimony from family, friends, and other involved adults that have seen you interacting with your child and know the circumstances of your home life. Additionally, showing that you take responsibility for decisions regarding the welfare of your child is essential. Financial records demonstrating an ability to provide the necessary resources such as food, water, school supplies, and clothing may also sway a judge in your favor.
In order to mentally prepare for this process, it's important to be organized and know what evidence will support these claims ahead of time. Outlining arguments ahead of time can help ensure accuracy during court proceedings. Furthermore, some have found professional advocates helpful when navigating the process of trying to secure joint custody in Texas. These independent experts can offer advice from a legal standpoint as well as provide valuable insight into how judges traditionally handle these types of cases. Ultimately though, it is up to the parents to show that they are capable and willing caregivers who are best suited to co-parenting their children together.
Contact an Experienced Family Law Attorney in TexasAn experienced family law attorney in Harris County, Galveston County, Fort Bend County, Montgomery County, Brazoria County, Houston, Sugar Land, Missouri City, and Stafford, Texas at Thornton Esquire Law Group, PLLC, can help you explain and navigate the entire case process. Contact us today at www.thorntonesquirelawgroup.com for a free consultation.