Child Custody Laws In Texas For Fathers

Best Way For A Father To Get Custody In Texas

The parents’ interests are not really considered when a court is deciding custody. The court is more interested in the welfare of the child or the best interests of the child. This means the court will make a decision that will ensure the child’s physical and mental health is protected.

Since the court considers access to both parents is in the best interests of the child, it is very rare for a court to cut off one parent. But if there is evidence that staying with the mother is not in the child’s best interests, the court can award full custody or sole custody to the father. Get in touch with a child custody lawyer to learn more about how can a father get full custody in Texas.

Factors That May Lead To A Father Getting Full Custody Rights

How To Get Full Custody As A Father In TX

How Can A Father Get Full Custody In TexasBefore the court grants full custody rights to the father, it will consider the following factors:

  • Physical, mental, and emotional health:  A father with sufficient mental, physical and emotional health is considered to be in a better condition to look after a child.  Any evidence of substance abuse, abandonment, domestic abuse, or prior criminal charges shows that a father is unfit to support a child.
  • Time spent with the child:  You will need to create a schedule where the time you currently spend with your child will not change after you get custody. Courts want the change caused by custody change to not disrupt the routine your child is used to.
  • Your willingness to prioritize your child’s needs: You must convince the court that your child’s needs will take first priority.  You must also demonstrate that you are willing to build a close relationship with your child that serves the child’s best interests.

What Do You Need To Get Full Custody?

Father Getting Custody In Texas

You are more likely to get full custody if you:

  • Consult an attorney that has experience helping parents resolve child custody issues.  The attorney will review your unique situation and advise you accordingly
  • Respond to all legal actions after you have consulted your attorney
  • Do not let tensions or conflict between you and the spouse you are divorcing change how you perform your parental responsibilities.
  • If it’s possible, do not move out of the marital home until temporary orders have been meted out. This is very important in a situation where the child’s safety might be at risk
  • Never sign a settlement agreement before you consult with an experienced divorce lawyer

What If You Cannot Get Full Custody

How To Win Custody As A Father In Texas

Texas courts are not likely to take away a mother’s right to visitation even if she is unable to care for her child. Fortunately, there are alternatives to full custody.

They include:

  • Supervised Visitation: Supervised visitation is more limited or restrictive than visitation available in joint custody situations.  For example, limited visitation may restrict the child’s mother’s overnight visits. A judge may only agree to this if there is evidence of drug abuse or other activity that is dangerous to the child.
  • Getting decision-making authority: A judge may grant you decision-making authority upon your request. But proof that the mother can’t make decisions in the best interest of the child is needed.
  • Negotiated Parenting Plan: Negotiate with the child’s mother a parenting plan that grants you complete custody. The mother will have some visitation rights under this plan.

Find TX Child Custody Lawyers Near Me

TX Child Custody Lawyers Office Location