Obtaining full custody of a child can be rather challenging in Texas family courts. This is because it is assumed that joint custody is generally most beneficial to the children. Whether you are getting a divorce or are divorced and need a modification to obtain full custody, it is highly advisable that you work with a Conroe child custody attorney who understands the process.
Joint Custody and Conservatorship
As your Conroe child custody attorney will tell you, the term “conservator” refers to a parent who holds at least partial custody rights to a child. A managing conservator is the one with whom the child lives most of the time, and who has a primary role in raising him or her. A possessory conservator is a parent who either has visitation rights. Texas courts always hold as the priority what is in the best interests of any children in a divorce. Because children naturally form a strong bond with both parents, it is assumed that joint custody is best.
Arguing for Full Custody
If you wish to obtain full custody of the children, it is incumbent upon you to show why the other parent should not retain joint custody. In other words, the burden of proof is on you. Your Conroe child custody attorney will help you bring this argument, but it needs to be on grounds for which you have credible evidence. Among the reasons allowed in the Texas Family Code are:
- Child abuse
- Child neglect
- Absent parent
- Domestic violence
You may have another compelling reason, but again, you must prove your allegations. For instance, if the father is a drunkard and becomes violent when drinking, clearly he isn’t fit for assuming custody. Even so, you will need to bring evidence of his drinking and tendency toward violence. The judge will listen to your argument provided it is logical and backed by evidence.