Sole Custody

Clark Law Group > Family Law > Child Custody > Sole Custody

Attorney in Dallas Helping Parents Seek Sole Managing Conservatorship of Their Children

While most divorces involving parents in Texas result in joint legal custody of children, Texas law understands that this is not always the best scenario for them. When one parent is clearly not suited to care for a child, the other parent can petition for sole custody by demonstrating why the other parent cannot reasonably fulfill their duties. If you believe the other parent to your child should not have any custody, call Clark Law Group to retain the services of a skilled Dallas family law attorney.

Reasons for Sole Custody

For the most part, Texas courts find in favor of joint custody wherever possible. However, there are circumstances that a parent can present to show that joint custody could present a hazard to the child’s safety and development.

Some factors taken into consideration by the court might be:

Patterns of past or present neglect
Evidence of physical or sexual abuse by the parent against a child, the other parent, or a spouse of the parent
Abusive physical force against the other parent or any minor
A parent’s fitness to care for a child
Drug or alcohol problems
History of criminal activity
Absent parents
Sexual misconduct
History of extreme conflict between the parents regarding religious, educational, or medical values

How to Get Sole Custody

Typically, spending regular time with both parents is essential to a child’s emotional and developmental well-being. However, there are instances in which a court will determine that less time or even no time with a parent is in their best interest, in which case they will grant sole custody to the other parent. Under the Texas Family Code, the court might determine a parent is inadequate to care for their child under the following circumstances:

There is a history of domestic violence and/or physical abuse.
There is a history of child neglect.
There is a history of sexual abuse to either the child, other children, or the other parent.
There was a protective order filed against the parent in question.
The parent demonstrates patterns of chronic drug and alcohol abuse.
The parent in question is in poor health, resulting in an inability to properly care for the child.
There is a history of criminal activity.
The parent was absent during a majority of the child’s life.

While any court would weigh each of the above factors heavily when determining the custody of a child in Dallas, Texas, they would not consider those factors alone. They would also take into consideration the child’s relationship with each parent, each parent’s ability to care for the child, and the current lifestyle choices of each parent. With that in mind, there are factors that a court would not take into consideration in a child custody case.

Factors That Do Not Affect Custody

There are a number of lesser issues that may convince a court that the best interests of the child or children lie in a sole custody arrangement. Additionally, there are some factors that the Court specifically cannot consider when making a custody decision.

These factors include:

Marital status, although marital stability could be taken into consideration
Gender
Race
Religion, assuming there are no religious requirements to engage in harmful, immoral, or illegal activities

It is important that you seek counsel from a skilled Dallas sole custody lawyer that can help you navigate the custody process.

Helping You Fight for Sole Custody

Seeking sole custody of a child is possible, but it will be difficult due to the presumption under Texas law that a child’s best interests lie in a joint custody arrangement. At Clark Law Group, our compassionate team of Dallas sole conservatorship lawyers has the knowledge and experience to help successfully petition for the best interests of your children.

Call 469-906-2266 or contact us online to schedule your consultation with Clark Law Group. We serve clients in Dallas, Park Cities, and the surrounding areas.