In the Texas family court, they base the custody decision on what’s ideal for the child.
This means that they discourage completely cutting out a parent’s custody or visitation rights without a valid reason they should. With this rule set in place how can a father get full custody of his child in Texas?
In this article, we will break down some crucial steps a father needs to obtain custody of your child.
It’s important to remind you that Texas only grants full custody of a child to a single parent in extreme situations.
Texas courts want to make sure the child’s needs are met. In Texas, this usually means ensuring both parents play a part in the child’s life.
Below you will find some ways to begin. It’s also important to add, you can also use a lawyer to guide you through this delicate process.
What are the Standards for Father’s Custody Rights in Texas?
There are a few ways to get full custody in Texas:
- You can change an existing custody order.
- Seek a new custody order
Either option will provide you the chance to plead your case.
With custody and visitation rights family court will examine the current factors in allowing custody privileges to a father:
Your mental , physical and emotional health are reviewed.
As the father, you must show adequacy in all three areas to support your child. If you have any substance abuse dependencies that is evidence that you are not the best parent to care for your child.
This also includes a prior criminal record or any evidence of neglect, abandonment or previous abuse of your spouse or child.
Your eagerness to be and get Involved – And being a parent who chooses your child’s needs before your own.
A father who demonstrates he spends purposeful time with his child creates advantages that enhance the chance of getting custody.
It’s up to you to show how much your relationship with your child serves their needs and growth.
Another factor that matters to the court is the amount of time you currently spend with your child – how a father gets full custody of a child is shown by preventing as little disruption to the child’s life as possible. So the Texas family court system would like your custody schedule to match the amount of time you already spent with the child.
For example if your work schedule allows you to be home with your child during the day, or pick them up from school, that can be something you explain to the judge.
What Does A Father Need To Get Full Custody?
When it comes to what a father needs to get full custody, the help of an experienced child custody attorney is crucial. Illaraza Law can walk you through the steps to get started and help you begin your approach to getting full custody.
Guiding you through the process and arranging everything to prove your case.
What does this mean?
This means gathering witnesses and documentation showing child abandonment or abandonment by your child’s mother. You need evidence that your little one’s mother’s activities and attitude are negatively impacting the child. An experienced family law firm like Illaraza Law handles many cases and can offer you a wealth of information. You can reach them at (214) 646-3253.
What Do You Do If You Already Have A Custody Order?
If you’ve already been to court and have a current custody order and it splits the time between you and your child’s other parent, you must request to modify that custody order.
- Request a copy of your custody order – It’s important to review the current order to see the custody split. You want to make sure you have your facts straight. Texas does favor the equal time split between parents but sometimes there are details you may not have remembered.
- Put together a motion to adjust the existing order – Now that you have a clear determination how your current custody works, you need to modify that order. This means filing a motion. This includes any reasoning behind why you want to adjust your current custody order. This is a very important part. You also must include details about how your child’s other parent is an unfit parent this is where your meeting with your full service family law firm comes in handy. They help you gather all of this information, so you are clear and precise with the terms you use, and the examples you give.
- Schedule your motion request for a hearing – This means once you have finished your motion (documenting why you want to adjust your custody order) you submit it to the court and they will schedule a time to come back to speak with the judge.
- Explain your motion – This is your time. Here is when you are in front of them just arguing your point on why you deserve full custody. And if you have a lawyer they will be there with you doing the talking. It is important to note, the other parent will also have time to speak, in most cases pleading why things should not be modified.
What Do You Do If You Don’t Have a Current Order?
If you do not have a custody order, you need to file one with the court.
You do this by visiting your local Texas courthouse, and filling out the proper paperwork. There may be a filing fee. If you have questions there is usually a clerk that can help.
After you’ve filed the form, you may need to attend a few hearings to prove you having full custody is in the best interest of the child.
You must go to every hearing. Not showing up doesn’t paint the best picture, and you cannot present evidence of neglect if you are not there.
In short, if you are filing for a modification of a current custody order or requesting a new one. Your best bet is to prepare.
Being a father trying to get custody can be tough, in any state not just Texas. Lawmakers evaluate new laws everyday to improve the ability to involve both parents in the child’s life. This Wall street Journal article explains more.
But with that being said, if you feel it’s what you need to do then Illaraza Law will be with you every step of the way.