Many potential clients come to the Law Office of Bryan Fagan, PLLC, with a clear goal: they want “full custody” of their child. While “full custody” isn’t a legal term, it typically refers to one parent seeking more time with their child than the other parent. Understanding the motivation behind this request is essential for effectively navigating child custody cases and ensuring the best outcome for both the parent and child.
What Does Full Custody Mean?
Often, the desire for full custody stems from intimidation. One parent may attempt to scare the other by threatening to seek full custody, hoping the other will concede to their demands to avoid a lawsuit. However, full custody isn’t about winning a competition; it’s about the child’s best interests. Some parents have legitimate concerns, such as neglect or abuse by the other parent. Yet, pursuing full custody primarily out of spite can lead to long, costly legal battles and isn’t usually in the child’s best interest.
The Reality of Terminating Parental Rights
In Texas, terminating parental rights is an extreme measure and not commonly granted by the courts. Termination means completely removing a parent’s rights, including physical custody and decision-making for the child.
This drastic step happens only when clear evidence shows it serves the child’s best interest. The Texas Family Code section 161.001(b) lists grounds for termination, including abandonment, failure to support the child for six consecutive months, and committing certain crimes.
Everyday grievances, like a parent being late for visitation or making rude comments, do not qualify as reasons for termination. To pursue such a case, you must present substantial evidence to show that the other parent endangers the child’s well-being. Even with sufficient evidence, the court must still find that termination serves the child’s best interest.
A Sensible Approach to Child Custody Disputes
Rather than focusing on terminating parental rights, consider other legal avenues to address concerns about your child’s well-being. Filing for a modification or enforcement of a prior custody order can be more effective and less contentious. A modification requests a change to an existing order based on significant changes in circumstances, while an enforcement action ensures compliance with the current order. These actions typically involve lower legal fees and have higher success rates.
By taking a more collaborative approach, you can work towards a resolution that supports your child’s best interests without resorting to drastic measures. If you have serious concerns, it’s crucial to gather concrete evidence and seek legal advice to determine the best course of action.
Reasons for Seeking Full Custody
While intimidation often plays a role, there are many legitimate reasons a parent might seek full custody. Concerns about the other parent’s reliability or potential neglect are common. In more severe cases, past abuse or criminal behavior by the other parent may drive the request for full custody. These concerns are valid, and you should address them with the seriousness they deserve.
However, it’s important to remember that Texas courts aim to act in the best interest of the child. This often means ensuring that both parents play an active role in the child’s life, whenever possible. Courts do not take the termination of parental rights or awarding full custody lightly and require significant evidence to support such decisions.
The Legal Process of Termination
The process of terminating parental rights involves several critical steps. The Texas Family Code specifies conditions under which termination may be granted, such as abandonment, lack of support, or dangerous criminal behavior. Even when these conditions are met, the court must be convinced that termination serves the child’s best interests.
This legal standard is stringent because terminating parental rights eliminates the parent’s role in the child’s life entirely, which can have profound implications for the child’s emotional and financial stability. Therefore, courts proceed with caution, requiring substantial proof and often seeking less drastic measures first.
Practical Alternatives to Termination
Instead of pursuing termination of parental rights, consider addressing issues through less severe legal actions. For example, if the other parent is not adhering to the custody agreement, you might file an enforcement action to ensure compliance. If circumstances have significantly changed, a modification to the existing custody order might be appropriate.
These alternatives can be less adversarial and more conducive to maintaining a cooperative co-parenting relationship, which ultimately benefits the child. Engaging in open communication and mediation can often resolve disputes more effectively than lengthy court battles.
Conclusion
Navigating child custody issues requires a balanced approach, with the child’s best interests as the top priority. While the desire for full custody or terminating the other parent’s rights may stem from legitimate concerns, the Texas legal system prioritizes stability and the importance of ongoing parental involvement. Courts generally favor arrangements that allow both parents to maintain a role in the child’s life, ensuring their well-being and long-term stability.
Questions about your child custody case? Contact the Law Office of Bryan Fagan, PLLC, today.
If you are considering a termination of parental rights case or any other child custody matter, please contact the Law Office of Bryan Fagan, PLLC, today. Our licensed family law attorneys are available six days a week to discuss your case with you in a free-of-charge consultation. We represent clients across southeast Texas and would be honored to sit with you and discuss your questions and concerns.
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Law Office of Bryan Fagan, PLLC | Spring, Texas Child Custody Lawyers
The Law Office of Bryan Fagan, PLLC, routinely handles matters that affect children and families. If you have questions regarding child custody, it’s essential to speak with one of our Spring, TX Child Custody Lawyers right away to protect your rights.
Our Child Custody lawyers in Spring, TX, are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form.
