When Can I Get Sole Custody in Texas?
In Texas, the courts prefer that both parents remain involved in a child’s life after a divorce. However, there are some cases when a joint custody agreement is not advisable or healthy. If you fear that your spouse poses an imminent danger to your child, you may have to aggressively petition for sole custody.
This goes beyond not liking your spouse or a personal grudge. To get approved for sole custody, you must demonstrate to a judge that your child is not safe with the other parent. A Texas child custody lawyer can advocate for your child’s best interests. At Powers Kerr & Rashidi, PLLC, our board-certified family law attorneys are prepared to take on your case, working with you to reach an optimal resolution.
Abuse and Cruelty
If your spouse has a prior history of physical abuse, the courts may consider granting you sole custody. The violence does not need to be directed at your child – any incidents of domestic abuse directed toward you or the child’s siblings may factor into the court’s decision. Your spouse could also be denied custody if he or she has physically abused a minor within the past two years, even if the victim did not belong to your family.
Domestic violence can be an incredibly sensitive subject. A skilled family law attorney can help you verify claims of abuse by documenting evidence such as photos, videos, and eyewitness statements.
Abandonment
Texas courts are less likely to award custody to a parent who is not present in a child’s life. Sometimes, securing sole custody can be as simple as the other parent not contesting your decision. If your co-parent was absent for most of your child’s life, you may have a stronger foundation for your case.
In Texas, there is no specific amount of time a child has to be left alone to be considered parental abandonment. Instead, the courts will consider how much support the parent has provided. For instance, does the parent make regular contact? Does the parent pay for the child’s needs? A judge may appoint a guardian ad litem to figure out if the parent is guilty of abandonment.
Endangerment
One of the most important factors in custody is the environment provided by each parent. If your child is put in danger in your spouse’s residence, then the court may decide to grant you sole custody. This may apply to situations where one parent struggles with drug addiction, to a point where the child witnesses it regularly. In other cases, a parent’s new boyfriend or girlfriend could create a hostile environment for the child.
Meet With an Austin, TX Family Law Attorney
Preserving the bond between a parent and child is important, but sometimes sole custody is in the child’s best interests. At Powers Kerr & Rashidi, PLLC, our Travis County, TX divorce lawyers are here to help. We can advocate for a resolution that promotes your child’s stability and long-term well-being. To schedule an initial consultation with our team of attorneys, call our offices at 512-610-6199 today.