Being named a sole managing conservator is often a long and complex road, but knowing what you need to prepare can help reduce some of the legal obstacles. If you’re wondering how to get full custody of a child as a mother, hiring an experienced and reputable family law attorney is the best way to prepare and navigate a child custody case. The Stout Law Firm, PLLC, is one of the most experienced family law firms in Texas. Our attorneys are Board Certified in Family Law by the Texas Board of Legal Specialization, a designation that only 7% of attorneys in Texas have earned. We have both the experience and knowledge to handle any custody case and help you navigate the process, so contact us today to schedule a consultation.
How to Get Full Custody of a Child
Texas law does not favor mothers or fathers when it comes to custody. Child custody is known as conservatorship in Texas. There are two types of conservatorship, sole managing conservatorship, and joint managing conservatorship. In order to be named sole managing conservator of a child, a parent must show that such designation is in the best interest of their child.
Typically, parents are named joint managing conservators of a child, with each parent sharing certain rights and duties, such as the right to consent to medical care, to make educational decisions. Generally, joint managing conservatorship is in the best interest of a child. However, a parent may be named sole managing conservator if that parent can prove that it is in the best interest of the child. If a parent is named sole managing conservator, they will have the exclusive right to make certain important decisions for their child. Understanding how to get full custody of a child as a mother involves presenting a strong case that demonstrates why this arrangement is in the child’s best interest.
Beginning a Custody Case in Court
A custody case begins when one party files a petition for custody with the court. If you are married to the other parent, this would be included in your petition for divorce. The other parent must be personally served with a copy of your petition, unless they sign a waiver of service. Personal service requires hiring a process server to deliver a copy of your petition to the other parent.
When you file your case, you may request a temporary orders hearing and present evidence to support your contention that full custody is in your child’s best interest. Temporary orders are orders that are in place while the case is pending and will set out the rights and duties of each parent, periods of possession and access, and child and medical support.
Proving That You Should Have Full Custody
Custody cases hinge on what is in a child’s best interest. In Texas, some of the factors courts look to for determining the child’s best interest include but are not limited to:
- The child’s desires;
- The parent’s ability to provide for the child;
- The needs of the child;
- The current and future emotional and physical needs of the child;
- Any current or future emotional and physical danger to the child;
- The programs available to assist each parent to promote the best interest of the child;
- The plans a parent has for the child;
- The stability of the proposed home;
- Any acts or omissions of the parent that may indicate parental unfitness, and any explanations for such acts or omissions; and
- Any history of domestic violence.
You may be more likely to be named sole managing conservator if the other parent has a history of substance abuse, physical, mental, or emotional abuse. However, it is important to know that being named sole managing conservator of a child does not necessarily prevent the other parent from having periods of possession of or access to the child. It simply means that you will have sole decision making rights, including the right to decide where the child will live primarily.
Being named a sole managing conservator often requires substantial evidence. It is important to gather evidence early on to help prove that it is in your child’s best interest that you be named sole managing conservator. Evidence many parents use to support such request includes:
- Medical records;
- Witness testimony;
- Recordings;
- Records from previous court cases;
- Police reports;
- Reports or testimony from healthcare, education, or child development professionals;
- School records;
- Photographs;
- Reports from child protection agencies;
- Employment records; and
- Financial records.
Obtaining certain evidence may require legal intervention, like subpoenas, or hearings to prove your right to such evidence. At The Stout Law Firm, we have the requisite knowledge and experience to help you obtain the evidence you need to prove your custody case.
How to Get Full Custody of a Child as a Mother Without Going to Court
“Court” is a word many clients dread, and understandably so. In most contested cases, the court process can be stressful and time-consuming. While you may not be able to avoid court altogether in a custody case, you can minimize your time in court in the following ways.
Enter a Custody Agreement with the Other Parent
If you and the other parent agree that you should be named sole managing conservator, you are less likely to spend time fighting for full custody in court. If you negotiate a custody agreement, either informally or in mediation, you can avoid court intervention and spend less on attorney’s fees. At The Stout Law Firm, we can help you negotiate a custody agreement with the other parent that best suits your and your child’s needs.
Seek a Default Judgment
If the other parent chooses not to appear or participate in a custody case, you may seek a default judgment in court to obtain full custody. A Texas court may grant you a default judgment, naming you sole managing conservator, if the other parent fails to appear in court after being properly served with the petition. If you believe the other parent will not appear in the case, there is a good chance you can request and be named sole managing conservator of your child with minimal court involvement.
Whatever your circumstances, our skilled and reputable attorneys at The Stout Law Firm can protect your interests in the most effective and efficient way possible.
We Protect Texas Parents
At The Stout Law Firm, we provide top-level representation to families across Texas, and our experience is unparalleled. We are award-winning advocates who give straightforward and practical legal advice to all of our clients. Our experienced family law attorneys are ready to support you every step of the way. You can contact us online or call us to schedule a consultation today.
RATE THIS POST
Loading...