What are Texas Laws on Sole Custody?

Provided by the Houston Family Lawyers at John K. Grubb & Associates, P.C.

Photo of Chalk DrawingSole custody is the right of one parent to either physical or legal custody (or both) of his or her child. Sole legal custody occurs when one parent is given the right to make decisions about the child’s upbringing, including decisions about the child’s medical treatment, education and religious upbringing. Sole physical custody refers to an arrangement where the child lives with only one parent and that parent is responsible for the physical well-being of the child.

Even if sole custody is awarded, different child custody arrangements may arise. For instance, sole custody may consist of one parent having full legal and physical sole custody. In another case, however, that parent may be entitled to sole legal custody, but the parents may have joint physical custody of the child. In certain cases, one parent may have sole physical custody, but the other parent may be entitled to supervised visitation.

When Is Sole Custody Awarded?

The court will make a child custody determination based upon the best interests of the child. In many instances, having the opportunity to interact with both parents on a regular basis is considered to be in a child’s best interest. Accordingly, courts have a preference for awarding joint custody.

However, sole custody is awarded in instances where one parent is considered to be an “unfit parent.” This includes instances where one parent:

  • Is abusive to either the child or the other parent
  • Has a history of drug or alcohol abuse
  • Places the child in dangerous situations
  • Has a history of destructive behavior
  • Is mentally unstable

Courts will make the ultimate decision regarding child custody arrangements. If, however, you feel strongly that a joint custody arrangement would place your child in danger, you can petition the family law court for sole custody.

Providing Legal Assistance in Child Custody Cases

If you are facing a custody battle and are concerned about the well-being of your child, you should retain the assistance of an experienced Houston divorce attorney. The rules concerning child custody are complex and it is important that you present the right evidence when standing before the family law court. The Houston child custody lawyers of John K. Grubb & Associates, P.C., are experienced attorneys who have a thorough understanding of the Texas legal system. Our attorneys know what it takes to navigate complex child custody issues and obtain a favorable arrangement for your children. Contact the Houston child custody attorneys at our firm for more details.

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