The stress of divorce can be overwhelming, especially when there are children involved. While it is common for parents to seek joint custody of the children, there may be times when one parent asks for sole custody. That is, they wish to be the person who cares for and makes all major decisions for their children.
Texas courts do their best to take the children’s best interests into account. When one parent seeks to be in charge of their children, they must apply for a sole managing conservatorship. This grants one parent the exclusive authority to make critical decisions regarding their child’s life, schooling, religious upbringing and medical care.
Proving the need for a sole managing conservatorship
A parent who seeks sole custody of their children usually does so because they feel the other parent is unfit. This requires demonstrating that the parent’s conduct and attitude have the potential to endanger or cause harm to the children. Some of the reasons a parent may be declared unfit include:
- Domestic violence or abuse: Proving that you and/or your children are victims of domestic abuse can be done by presenting medical records of emergency room visits, police reports and photographs of the injuries. Eyewitness testimony is also helpful in court.
- Addiction to drugs or alcohol: The ability to be a good parent is not an option for someone who is addicted to substances. As proof of the other parent’s struggles with addiction, you can present records of drug arrests, DUIs or DWIs.
- Chronic illness or disability: Medical records and expert testimony can be used to prove the other spouse’s chronic illness or disability prevents them from safely and effectively parenting their children.
As you can see, asking for a sole managing conservatorship of your children can be very time-consuming and complicated. That’s why it is a good idea to have experienced legal guidance.