Posted by Mary E. Ramos | Child Custody, Family Law
Fighting for full custody of your child can feel stressful and uncertain because so much is at stake. If you want to know how to get full custody in Texas, you may be confused about the legal process and unsure of what courts require to make a decision in your favor. Understanding the process, what factors the court considers, and how to present your case effectively is crucial.
At Ramos Law Group, PLLC, we have the experience, skill, and compassion to guide you through every step of this journey. Contact us today to schedule a consultation, and let us help you fight for the best outcome for your family.
This blog will walk you through the essential steps, including understanding the process, what factors the court considers, and how to effectively present your case. If you have any questions, please don’t hesitate to reach out—we’re here to assist.
What Does Full Custody Mean?
Before diving into the process, it’s important to understand what full custody means in Texas. Full custody, legally referred to as sole managing conservatorship, gives one parent the exclusive right to make major decisions about the child. Major decisions include decisions about the child’s education, medical care, and other critical areas.
While the other parent may still have visitation rights, the parent with full custody has primary control and responsibility for the child. Courts do not grant full custody lightly, as they prioritize the best interests of the child above all else.
How to Get Full Custody of a Child in Texas: Steps to Take
Knowing how to align your case with the court’s priorities is essential. Below, we outline the key steps for getting full custody, from understanding the court’s perspective to preparing for trial.
Factors the Court Considers
If you want to know how to get full custody of a child in Texas, keep in mind that state courts always consider the child’s best interests as the primary factor above all else. In addition to prioritizing the child’s best interests, Texas courts examine several other critical factors when deciding full custody cases. These elements help the court determine which parent can provide the most suitable and nurturing environment for the child.
- Stability and environment. A stable home is essential for a child’s development. The court will evaluate your living arrangements, financial stability, and ability to provide consistent care.
- Parenting ability. Your ability to meet your child’s physical and emotional needs is a key factor. This includes ensuring they have proper meals, clothing, and emotional support.
- Child’s preference. If the child is at least 12 years old, the court may consider their preference. However, this is only one factor and does not solely determine the outcome.
- Evidence of neglect or abuse. Evidence of abuse, neglect, or violence by the other parent carries significant weight in the court’s decision. Documenting these issues is crucial to proving that it is most beneficial to the child to primarily reside with you.
Considering these factors and tailoring your approach to address them can significantly enhance your chances of obtaining full custody.
Build a Strong Case
To increase your chances of success, gather evidence demonstrating your ability to provide your child with a safe, stable, and loving environment. Useful evidence can include:
- School records showing the child’s performance and attendance under your care;
- Medical records proving consistent care;
- Witness statements from teachers, family members, or neighbors who can vouch for your parenting; and
- Documentation of the other parent’s negative behavior, such as substance abuse or neglect.
Thorough and well-organized evidence can significantly strengthen your case and demonstrate your commitment to your child’s well-being.
File the Proper Documents
The process begins by filing a custody case with the court. You can file an original petition or a petition to modify an existing custody arrangement if one is already in place. An experienced family law attorney will complete all forms accurately and submit them on time.
Attend Mediation or Negotiations
Texas courts often require parents to attempt mediation before proceeding to trial. Mediation is an opportunity to resolve disputes and agree on a custody arrangement without the need for a lengthy court battle. When you go to mediation, a neutral third party—called a mediator—will facilitate the discussion between you and the child’s co-parent. The mediator is not your attorney and cannot give you legal advice. So, it is best to have your lawyer present during mediation so they can advise you legally as you consider compromised terms.
During the mediation, both parties will present their viewpoint and attempt to work together to find a mutually agreeable resolution. If the parties cannot agree, the case will proceed to court.
Prepare for Court
If your case goes to trial, you must present a compelling argument for why full custody is in the child’s best interest. You will want to present as much evidence as possible supporting the contention that the child is better off with you than the co-parent. You can use your own testimony, witness testimony, and a clear explanation of how your solution would serve the child’s best interests.
Your lawyer knows how to present a case and examine and cross-examine witnesses. They will help prepare your testimony and get you ready for questioning. They will also assemble the strongest arguments and present them to the judge on your behalf.
Take the Next Step Toward Securing Full Custody with Ramos Law Group, PLLC
Gaining full custody of your child is not an easy process, but you don’t have to face it alone. At Ramos Law Group, PLLC, we understand how important this is for you and your child’s future. With years of experience and a track record of results, we’re here to guide you every step of the way.
Don’t let the complexities of Texas custody laws hold you back. Call or contact us online to schedule a consultation. Let us help you secure the best outcome for your family.
Last Updated on February 4, 2025 by Mary E. Ramos
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