How do I get sole custody of my child in Texas?

How do I get sole custody of my child in Texas?

When the parent is seeking sole custody, the general answer is, “You will need to prove the child is in physical or emotional danger due to abuse, neglect or some other reason.” At Sisemore Law Firm, P.C., we provide representation in child custody matters that are tailored to the unique circumstances of each client.

How is sole custody determined?

How do you get sole custody of a child? To get sole custody of your child, you need to rebut the presumption of equal shared parental responsibility and prove to a court that sole custody of your child is in your child’s best interests.

What makes a parent unfit in Texas?

By Texas law specifically, an unfit parent is considered anyone who could potentially have a significant and negative impact on a child’s emotional development or physical health. Examples of behavior that could get a parent labeled unfit include neglect, abandonment, or active abuse.

What is the most important factor determining child custody?

If you and the other parent cannot reach an agreement in regards to child custody, you may have to go to court. When this happens, the judge will weigh the most important factor in your child custody decision: the best interests of your children.

What evidence do you need to prove a mother unfit?

Collect Evidence to Prove the Mother is Unfit Evidence that can be submitted in court can include pictures, video and/ or audio files of verbal physical or abuse, recorded medical files that document injuries, the parent’s criminal history and direct communication between the petitioner and the other parent.

How hard is it to get sole legal custody?

It’s hard to get sole legal custody if there are no significant issues with the other parent and the other parent can effectively be involved in major decisions for the child. And it’s hard to get sole physical custody if it’s in the best interest of the child to spend at least half the time with the other parent.

What do I need to do to get sole custody?

Protect your loved ones. Procedure. To obtain sole custody if there is no court order for custody already in place, you must file a Petition for Custody with the court services unit of the Juvenile and Domestic Relations Court . Generally, you’ll file in the county court where both you and your child reside.

Is it difficult to get sole custody?

When seeking sole custody of any type, the case becomes difficult. You have to show the other parent is not fit to raise the child. This is generally difficult. Child custody is very fact-specific and requires a specialized knowledge of local law.

What are the custody options in Texas?

The Texas court has several options when issuing a custody order. Sole custody can be awarded to one parent, which means that the child resides primarily with that parent and that parent has the exclusive right to make decisions about the child’s upbringing.