Though you may have heard the term “full custody,” the state of Texas refers to them as sole managing conservatorships. If this is the type of custody you seek, you should first ask yourself why.
Because of how emotionally complex divorce can be, it is difficult to see your former spouse as a great parent and a poor husband or wife. And that’s understandable. However, you need to understand that getting sole custody of your children is challenging. Like most states, Texas rules in whatever direction reflects the best interests of the children. This usually means that the child is also to have a relationship with both of their parents.
Scenarios for Seeking Sole Custody
Although getting sole custody is challenging, it is not impossible. And there are scenarios in which a parent has valid and legitimate concerns for keeping their children away from their former spouse.
There should be evidence that the other parent has endangered the child to get sole custody. This can come in many forms, such as engaging or exposing the child to illegal or illicit activities. Past criminal convictions speak to that as well—especially those pertaining to violent acts or sexual assaults towards a child or the other parent.
All the above examples stand as evidence that it may not be in the child’s best interest to be under the influence or control of the other parent.
Abandonment
There are also instances when a parent gives up their rights due to something they did or did not do. For example, if a parent leaves their child with someone other than the other parent and expresses their desire not to return, this could constitute abandonment. Even if that same parent didn’t strictly say they weren’t coming back, that doesn’t free them of the possibility of abandonment.
If they fail to support the child and don’t return for three months to six months, that action speaks to their intent to abandon the child. When you talk to your attorney, you can address the specifics of your case. He will be in the best position to determine whether your former spouse terminated their parental rights by abandoning their child.
Abandonment can also be initiated during pregnancy as well.
Our Child Custody Lawyer Knows Texas Law
Since 1995, the Amsberry Law Firm has been helping people like you overcome divorce and child custody issues. Laws regarding conservatorship of a child in Texas are complex and you’ll need a strong advocate on your side to ensure the best interest of your child, and you as a parent, are well protected. Contact our child custody attorney for a consultation to discuss your needs.
Attorney Russell J.G. Amsberry
Attorney Russell J.G. Amsberry founded the Amsberry Law Firm in 1995 with the goal of providing clients with exceptional, focused representation on their issues. His success as a legal advocate has been reflected in the numerous professional honors he has received, such as speaking engagements and inclusion in Scene in SA magazine’s listing of the best lawyers in San Antonio, a Distinguished rating from Martindale-Hubble, and an amazing rating from Avvo. [ Attorney Bio ]
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