Most married parents who divorce and unmarried parents who break up will share custody of their children — and this issue is often hotly contested by both sides.
Parents can cooperatively arrange to share custody, or they can litigate when they disagree about how to share parental responsibilities. If your ex wants equal time with the children, can you convince a Texas family law judge to give you sole custody?
Sole custody typically requires a strong reason
If you expect a judge to grant you sole custody of your children, you typically need either the cooperation of your spouse or a very compelling reason. If you go to court for custody issues, judges make decisions based on the best interest of the children.
You need to show that having sole custody would be best for the children. Evidence of significant instability or addiction on your co-parent’s part, as well as a history of domestic violence, could potentially help you get sole custody. You will typically need evidence supporting your claim of chemical dependence or interpersonal violence.
Provided that you have a compelling reason to claim that your ex might endanger your children, you may have grounds to request sole custody. Barring a compelling reason, you might put yourself at a disadvantage in custody proceedings by pushing for sole custody. Texas judges typically prefer to see parents cooperating with one another.
Learning more about the Texas approach to child custody matters will help you prepare for your upcoming divorce proceedings. By starting early, you can learn more about your options and know when to temper your expectations for the future.