Table of contents:
- What is the difference between sole custody and full custody in Texas?
- Why people get confused about sole custody vs. full custody
- Is sole or full custody the same as terminating parental rights?
- What is joint custody vs. sole custody in Texas?
- Factors Texas courts consider when determining joint custody vs. sole custody
In Texas, people often get confused by the terms sole custody and full custody. They either use the terms interchangeably or believe the sole custody definition is different than the full custody definition. My goal here to clear up that confusion and explain how full custody vs. sole custody is interpreted by the Texas family courts.
What is the difference between sole custody and full custody in Texas?
Most clients who use those terms in my law office think there is no difference between sole and full custody. They usually use the terms interchangeably. Generally, those folks want to get primary physical and legal custody of their child, and limit the other parent’s access and decision-making powers.
Legally speaking, “full custody” is not a term used in the Texas Family Code or by family courts in Texas. What many people refer to as sole custody is legally known as sole managing conservatorship in Texas. I’ll break down how that differs from joint custody later in this blog.
Why people get confused about sole custody vs. full custody
In some jurisdictions outside of Texas (and to some people’s understanding), there are different meanings for sole vs. full custody. Sole custody is often used to describe custody arrangements where one parent has sole legal and physical custody of a child, while the other parent generally has no visitation rights.
When it comes to how some other jurisdictions (and individuals) view what “full custody” means, those are usually arrangements where one parent has primary custody, care and control of their child, while the other parent may get some form of visitation. An arrangement like that would fall under the umbrella of a sole managing conservatorship in Texas.
Is sole or full custody the same as terminating parental rights?
Some people also use the terms full, sole or total custody when seeking to terminate a co-parent’s parental rights in Texas. In truth, you would not interchange the words full, sole or total custody with termination of parental rights in Texas.
That’s because once you terminate parental rights, you theoretically kill the other parent, and they no longer have any right to access or decision-making. The termination of rights also extends to all of their relatives, who would have no standing to file any lawsuit involving the child.
We do see cases where a judge will give one parent sole custody on a temporary basis due to actions by or circumstances affecting a parent’s ability to care for their child. This may include incarceration, family violence, physical or mental illness, residing out of state/country, etc. However, permanently terminating parental rights isn’t something Texas courts like to do unless something really egregious has occurred.
You can learn more about terminating parental rights in our How to Get Sole Custody blog.
What Is joint custody vs. sole custody in Texas?
The state of Texas actually refers to custody as conservatorship, which refers to the legal and physical custody of a child. This is different than visitation rights, which generally refers to the rights to possession and access of a child by a non-custodial parent. Texas also presumes that joint custody is in the best interest of the child.
What joint managing conservatorship means in Texas
When parents share custody of a child, they act as joint managing conservators. In most cases, one parent acts as the primary conservator, and they have the exclusive right to designate the primary residence of the child. The other parent serves as the possessory conservator, and they have visitation and access rights.
Under a joint managing conservatorship, parenting time is split—not necessarily equally—between the two parents’ homes. In general, both parents are responsible for making certain decisions for the child. Which parent has the right to make what decisions is hashed out during custody negotiations. The right to make decisions about medical care, education and religious upbringing are just a few of the parental rights delineated in Texas Family Code Chapter 151: Rights and Duties in Parent-Child Relationship.
Joint custody can take many forms in Texas
As of September 1, 2021, the expanded standard possession order (ESPO) is the default possession order for Texas families living within 50 miles of each other. The Texas standard possession order (SPO) is considered default for families living 50-100 miles apart.
In recent years, more parents have secured 50/50 custody in Texas, which grants parents as close to equal parenting time as possible. Most judges still presume an ESPO or SPO to be in the best interest of the child, so getting equal parenting time is typically an uphill battle in Texas.
What sole managing conservatorship means in Texas
Sole custody in Texas is referred to as a sole managing conservatorship. Under this arrangement, the child typically resides with one parent (the sole managing conservator) who makes most if not all decisions about the child’s upbringing.
Depending on the circumstances, the other parent may still be granted possession time and access to the child. Since the state of Texas believes that most children benefit from having a relationship with both parents, it isn’t easy to get sole custody in Texas. Child custody law firms like ours can explain your options.
Factors Texas courts consider when determining joint custody vs. sole custody
While sole conservatorship is much less common than joint managing conservatorship arrangements in Texas, the courts are most concerned with the child’s best interests. To determine whether sole or joint custody is best for the child, the court will consider a number of factors when determining custody. Some key factors include:
The parents’ previous actions and behavior.
What role parents have played in the child’s upbringing, as well as any evidence of “bad behavior” by the parents will be considered by the court. If one parent had handled the bulk of child rearing duties, they would likely get a more favorable custody outcome. This may include being named primary conservator in a joint custody arrangement with the ability to designate the child’s residence.
In the realm of sole managing conservatorship, a parent may risk getting very limited visitation and access to their child due to being unfit or their “bad behavior.” Parents who struggle with substance abuse or mental health issues, or who have committed certain felonious crimes like sexual assault, family violence, drug offenses or worse, risk losing access to their kids.
Testimony of third parties.
If a parent’s goal is to limit the other parent’s involvement with their child, they will need to present clear and convincing evidence that shows doing so would be in the best interest of the child. Just claiming the other parent doesn’t do much with or for the child doesn’t cut it.
Evidence can come by way of testimony from a mental health professional or a child custody evaluator who has performed a child custody assessment on the parent-child relationship and their home life. An amicus attorney appointed on behalf of the court or attorney ad litem who represents the child’s interests may also testify about circumstances involving the child. Testimony from family, friends, educators, clergy and others may also be considered during child custody cases.
Parents’ ability to provide a safe and healthy home environment.
In order to get sole custody or a joint custody arrangement, parents must be able to show they can provide a stable home life for their child. Along with the expert testimony mentioned above, Texas courts will also consider the parents’ financial situations, how their homes are set up and cared for and what people live in or frequent the home, among other factors.
These are just a few of the key factors Texas courts will consider. An experienced child custody lawyer can provide additional details, based on your unique situation.
How the Sisemore Law Firm can help
If you live in the Dallas / Fort Worth area and have questions about custody issues related to contested vs. uncontested divorce or how suits affecting the parent-child relationship (SAPCRs) work, our knowledgeable and caring family law attorneys are here to help. We can clear up any remaining questions about sole, full or joint custody, review your situation and make recommendations for next steps.
To schedule a confidential case review with our firm, please call our law office at (817) 336-4444 or connect with us online.
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