Gaining sole custody can be challenging. The presumption in Texas is that parents ought to be joint managing conservators of their children. This means that you and your co-parent would both share in the decision-making authority. Children who have an opportunity to have both their parents impact their lives tend to do better. As a result, expect that a court would begin with the presumption that your child is better served by having you and your co-parent take an active role in his life.
However, that is not to say that you would never be able to win sole custody of your child. In today’s blog post from the Law Office of Bryan Fagan, we are going to discuss winning sole custody. If you want to be the sole managing conservator of your children, then today’s blog post is for you. Any questions you may have on this subject can be addressed to the attorneys with the Law Office of Bryan Fagan. We offer free-of-charge consultations six days a week.
Understanding what sole custody is
One of the most critical components of your family law case is understanding what sole custody is. Sole custody is one of those terms that is used quite a bit in the world of Texas family law. However, many people seem to have different definitions of what sole custody is. As a result, you may find yourself wondering not how you define it- but how a court defines it. Ultimately, that is what matters in a child custody case. Namely, how a court views this subject.
Sole custody refers to having the independent authority to make decisions on behalf of your child. Usually, in a family law case, it is presumed to be in your child’s best interests for you and your co-parent to be joint managing conservators. This means that you both would have equal, co-dependent decision-making authority. Basically, either of you could make decisions on behalf of the child without the other- except in very limited scenarios.
It is difficult to win sole custody. The attorneys at the Law Office of Bryan Fagan would not be doing you any favors were we to lead you to believe otherwise. If you intend to win sole custody of your child then you need to be prepared to present a strong case. The attorneys with the Law Office of Bryan Fagan know how to do just that. Our attorneys are prepared to help you and your family right now. Reach out to us for a free of charge consultation to learn how we can help.
What are the types of conservatorship?
Joint managing conservatorships describe the majority of conservatorship arrangements in Texas. Sharing conservatorship rights means that there is an added emphasis on co-parenting. As a co-parent, you are expected to care for the day to day life of your child. It does not mean that all parenting rights are held equally. For example, one parent is named as the primary conservator of your child. The primary conservator determines where your child lives. Primary conservators also receive child support on behalf of children.
Sole managing conservatorships are less common. In a sole managing conservatorship expect that you and your co-parent would not be on equal footing as far as rights and duties. The sole managing conservator holds most of the cards when it comes to rights and duties. Not only are you able to determine the primary residence of your child but you can also make most decisions independent of your co-parent. There are many reasons why you may be named as sole manging conservator. Understanding if your circumstances merit this consideration is an important part of your case.
Whether you desire a sole managing conservatorship in your case, or not, you need representation. Going into a family law case which involves child custody when you don’t have an attorney puts you at a major disadvantage. Certainly, having someone walk alongside you who has been there before makes a tremendous difference. Reach out to the Law Office of Bryan Fagan to learn more about your case.
Important to note that in Texas, courts prefer joint managing conservatorships
Again, it bears mentioning once again that Texas family courts favor joint managing conservatorships. This does not mean that your goal of a sole managing conservatorship cannot be won. However, it means that you need to be very aware of what is at stake in your case. Assuming that you are going to win a sole managing conservatorship would be a mistake. Rather, there are several factors which can make it more likely that you can win a sole managing conservatorship.
Sole managing conservatorships have to do with unique circumstances. If you and your co-parent have both played major roles in the growth and development of your children then you are less likely to win a sole managing conservatorship. Note that being named as the primary conservator of your child is not the same as winning sole managing conservatorship. In a sole managing conservatorship you play a much larger role in the life of your child.
A joint managing conservatorship is best for families with parents who can coexist with one another. The odds say that you and your co-parent will need to be able to work together effectively to raise your child. Even in a sole managing conservatorship it is unlikely that you will be able to make all decisions for your child. Focusing on the best interests of your child means considering the case from his or her perspective.
What are the best interests of the child standard?
The best interests of the child standard looks at a child custody case based on the interests of your child. There are a number of different factors at play when considering the best interests of your child. Not the least of which is the physical health of your child. If you or your co-parent present your child with a risk of harm then it is difficult to say that he or she would benefit from being in your care. A judge would place a great deal of importance on being able to keep your child free from harm.
The best interests of the child standard attempts to place a focus on your child away from your own interests. Many parents find it difficult to shift away from their own interests and see a situation purely from the standpoint of their kids. If this sounds like your situation then you need to focus on what matters most to your children. It is not a matter of doing what you think is best for you. It is a matter of considering the case from the perspective of your children.
If you think it is in the best interests of your child for you to be their sole managing conservator then contact the Law Office of Bryan Fagan. With an aggressive goal, you need an aggressive gameplan. It is not enough to want to be a sole managing conservator. Rather, you need to be prepared to push for this goal above and beyond everything else in the case. We have what it takes to help propel you towards your family law goals.
When may a court award sole custody?
As you begin your family law case it makes sense to understand what the most likely circumstances are where you could win sole managing conservatorship of your child. These are not the only situations where you can be named as the sole managing conservator love your child. However, they are still some of the most critical here to keep an eye on as you begin your child custody case.
Neglect or abuse
Unfortunately, child abuse and neglect are issues which come up during child custody cases. Specifically, if you and your family have a history with Child Protective Services then these topics will play a part in your child custody case. For example, if your spouse has been credibly accused of having abused your child then This will play a role in your ability to win primary custody of your children. Make sure that your attorney is made aware of any role that CPS is played in the life of your children previously.
Substance abuse
Like child abuse or neglect, substance abuse can be a major part of your child custody case. Substance abuse does not only mean the use of illegal substances. It could be that you have used Legal substances improperly. For soul managing conservatorship of your child is not uncommon when there are issues with substance abuse at play. Most notably, winning the trust of a family court judge is extremely difficult when you have abused drugs or alcohol. Factors like drug or alcohol testing oftentimes become relevant when there are concerns about substance abuse.
Abandonment of your child
Sometimes a parent faces circumstances that are extremely adverse. Let’s say that your husband told you that he was going on a long trip for work. He dropped your son off at your home during the divorce early one weekend. However, he did not return for some months. His attorney kept in contact with your attorney. He just did not come to pick up your son for weekend visitation or pay child support. When a parent leaves the child with no contact and no attempts to support him that could effectively mean that your child has been abandoned.
Criminal history that can impact your ability to care for your child
The Law Office of Bryan Fagan had a client who found herself in an undesirable situation recently. Her ex-husband was arrested for drunk driving. What made the situation even worse was that her young daughter was in the vehicle with him during the incident. Fortunately she was asleep in her car seat and knew nothing of the danger she was in. However, this speaks to a situation where your co-parent being involved in criminal behavior. In that scenario it is easier to see a sole managing conservatorship being possible.
In that case, the attorney working on her case went to work quickly. First, a request for an emergency temporary orders hearing was scheduled. This allowed our client and the attorney from our office to immediately present the circumstances to a judge about what was happening. So that our client’s daughter did not have to go see her father until further notice a restraining order was approved. The peace of mind provided to our client was significant.
When your child is placed in harm’s way that is never a desirable situation. On top of that, when your co-parent is the person who put their life in jeopardy that is especially disturbing. When your co-parent is a risk to your child then you have no time to waste. Focusing on the best interests of your child means taking steps to protect your child. Working with an attorney at the Law Office of Bryan Fagan is a great way to be proactive about your child’s well-being.
Process of obtaining sole custody
First, file a petition. The petition would be a petition in suit affecting the parent-child relationship. Or an original petition for divorce. Your spouse or co-parent may choose to file the case. In that situation you can file what is known as a counter-petition. That means you are the responding party but are asserting your own claims counter to those of your co-parent. In any event it is wise to assert your rights no matter what the circumstances of your case are.
From there, there are several steps involved in a family law case. Those steps include temporary orders hearing and mediation. In a temporary orders hearing you present information to a judge in the form of evidence. On the other hand, temporary orders mediation involves negotiating with your co-parent in a formalized setting. The results of mediation could mean that a temporary orders hearing is unnecessary.
Presenting evidence in a courtroom
When you attend a hearing or trial you must produce evidence in order to be successful. It is not enough to have “good” circumstances or “favorable” facts. Rather, you must be able to present evidence to the judge. This means offering evidence into the record. Once offered you may need to withstand the objections of an opposing party. Learning how to doo this requires a great deal of time and practice. An experienced family law attorney is well-suited to help you in this regard.
The attorneys with the Law Office of Bryan Fagan are uniquely suited to help you. Our office has a team of attorneys who serve clients throughout Texas in family courts. We do not dabble in divorce and child custody cases. Rather, this is the focus of our office and our team. Contact us to learn more about how we can help your family.
Sole custody cases can be complex
Do not underestimate the difficulty of your child custody case. Asking for sole custody of your son or daughter is not the norm. Most families accept a joint managing conservatorship and move on. If that is not in your child’s best interests then it is important for you to stand up for what you believe in. Preparing a case, collecting evidence, and having the right team in place to present that evidence matters a great deal. Your future success is determined by the decisions that you make right now.
Navigating the legal process
Not sure where to begin with your child custody case? Then you are not alone. Working with an attorney who is experienced in family law is a great place to start. Talk to the Law Office of Bryan Fagan about a free-of-charge consultation. We know that it can be intimidating to start a case like this. There are so many “unknowns” in a situation like this. Why not remove at least one of them? Specifically, the unknown of who can help you in a situation like this.
Final thoughts on sole custody in Texas
It is not a mystery how to win a sole custody case in Texas. First, understand what your goals are. Do you believe that it is absolutely in your child’s best interests for you to be his sole managing conservator? Has sole custody been the recommendation from people that you trust? If so, then paying attention to these details can pay major dividends in your case. As you begin to look through your case consider all these factors.
Thank you for choosing to spend part of your day with us here on the blog for the Law Office of Bryan Fagan. Our licensed and professional attorneys post unique and informative content on this blog six days a week. To learn more about our office and the services that we offer clients please reach out to us today.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
The attorneys with the Law Office of Bryan Fagan offer free of charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law. Before signing a document or negotiating on a subject you do not know well, contact our office. We look forward to the opportunity of serving you during an important part of your life. The Law Office of Bryan Fagan is on your side.
Evan Hochschild was raised in Houston, TX and graduated from Cypress Creek High School. He went on to graduate from Southwestern University in Georgetown, TX with an undergraduate degree in Political Science. While in college, Evan was a four-year letterman on the Cross Country team.
Following in the footsteps of his grandfather and uncle before him, Evan attended law school after he completed in his undergraduate studies. He graduated from St. Mary’s University School of Law and has practiced in a variety of areas in the law- including family law.
Mr. Hochschild is guided by principles which place the interests of clients first. Additionally, Evan seeks to provide information and support for his clients with the heart of a teacher.
Evan and his wife have four small children together. He enjoys afternoons out and about with his family, teaching Sunday school at his church and exercising. A veteran attorney of fourteen years, Mr. Hochschild excels in communicating complex ideas in family law simply and directly.
