How to Get Sole Custody in Texas

Update: July 17, 2025
Author: Justin Sisemore

Dad with sole custody in Texas holding daughter’s hand — The father carefully holds the child’s hand. Dad and child hold hands on a walk. Children’s hand in a man’s hand.

Table of contents:

What is sole legal custody in Texas?
If a parent wins sole custody rights in Texas, what does that mean?
You may not need to get sole custody in Texas to get what you want
How to get sole custody in Texas
How to get sole custody in TX by terminating parental rights (it’s NOT easy)
On the “other” side? Be careful not to jeopardize your parental rights

When you are going through a difficult divorce, it is natural for emotions to run high and an adversarial relationship to form between parents. In the midst of a contentious divorce, some parents have a hard time understanding that the other parent is a good parent simply because the parental relationship didn’t work out.

In such cases, prospective clients often come to our family law firm and ask our divorce lawyers in Fort Worth, TX how to get sole custody in Texas. They can’t stand their ex and will do anything it takes to secure sole custody in Texas.

Other parents come to us who legitimately believe the other parent poses a physical or emotional danger to their child, or they believe the child’s best interests will be best served if the other parent only has limited access to and visitation with the child. They too ask for help fighting for custody in Texas.

If you’re wondering how to win child custody in Texas, the most important thing to keep in mind is that the best interest of the child is paramount in Texas family courts. Parents seeking sole custody for selfish reasons (say they want to make their ex’s life miserable) won’t have a leg to stand on.

Need answers to questions about sole custody in Texas right away? You can call our Fort Worth law office at (817) 336-4444.

What is sole legal custody in Texas?

In Texas, legal custody is granted to individuals with sole custody—referred to as sole managing conservatorship in Texas—allowing them to make pivotal decisions regarding a child’s life. In essence, this translates to possessing full physical custody, directing nearly all parental rights and the capacity to make most (if not all) decisions concerning a child’s upbringing.

Keep in mind, just because one parent is awarded sole custody in Texas that doesn’t mean the other parent will automatically be prohibited from seeing their child. Non-custodial parents may be awarded visitation rights if the court believes it would be in the child’s best interest. They may also be allowed to weigh in on some important decisions pertaining to the child but it depends on the situation.

As a point of clarification, many people interchange the terms sole custody and full custody in Texas. Legally, the term full custody is not something you’ll find used in the child custody laws in the Texas Family Code or our family courts. For further insight, check out our recent post: Sole Custody vs. Full Custody in Texas: What’s the Difference?

If a parent wins sole custody rights in Texas, what does that mean?

Under a sole managing conservatorship in Texas, a parent with sole custody generally is responsible for making the vast majority of decisions involving their child. In fact, the other parent may have little to no say in the child’s upbringing. It all depends on what the two parents agree to during custody negotiations or what the judge decides. Per Texas Family Code Sec. 151.001, key parental rights exclusively afforded to sole managing conservators may include:

The right to physical possession of the child.

Physical possession refers to the legal right to maintain the physical custody of the child. The parent is also responsible for the care, control, protection and reasonable discipline of the child under a sole custody arrangement.

The right to designate the child’s primary residence.

A parent with sole custody in Texas gets to choose where their child primarily resides, which is usually the custodial parent’s residence. An alternate primary residence can be designated in circumstances where a parent will be absent for an extended period of time (i.e., military deployment and remote work assignments, among others).

The right to make medical decisions for the child.

This includes the right to choose what type of medical care (physical, dental, psychiatric and psychological treatment, etc.) and medications the child will receive, as well as the healthcare professionals who will help manage the child’s care.

The right to make educational decisions for the child.

This can include what schools the child will attend (public, private, parochial, etc.), whether a child will be home schooled and courses the child will take.

The right to direct the child’s religious upbringing.

Parents with sole custody in Texas get to decide under which religion affiliation their child will be raised and if and when they will attend religious services.

The right to make legal decisions for the child.

This includes the right to represent their minor child during legal matters, choose legal counsel if needed and consent to the child’s marriage or military service prior to the legal age of 18.

The right to the services and earnings of the child, as well as the child’s estate.

While most children don’t earn significant money while they are minors, some do earn substantial income (YouTube/TikTok stars, gamers, star athletes, musicians, entertainers, etc.). With few exceptions, custodial parents with sole custody have the right to direct how those funds will be handled until the child becomes an adult. When it comes to the child’s estate, parents also have the right to direct how those assets will be handled unless another party (executor, guardian, attorney ad litem, etc.) has been appointed to do so.

The right to receive child support from the non-custodial parent.

Both legal parents have a legal obligation to provide support for their child, this includes financial support. Since sole managing conservators often take on the bulk of expenses in housing, clothing, feeding, education and healthcare for their child, the state of Texas generally requires the non-custodial parent to pay child support to the custodial parent, as dictated by the state of Texas child support guidelines.

While many parents with sole custody are granted the exclusive right to make all of these decisions, that isn’t always the case. There are some situations where non-custodial parents are allowed to weigh in on certain matters. Those arrangements can be hashed out during custody negotiations.

You may not need to get sole custody in Texas to get what you want

While it isn’t impossible, there are very limited circumstances where a judge will agree to grant one parent sole custody in Texas. In most cases, Texas family courts prefer that parents operate under a joint managing conservatorship instead. This allows the child to have a relationship with both parents, which the state of Texas generally believes is in a child’s best interest.

If you can’t convince the court to give you sole custody, that doesn’t mean you can’t get the outcome you want, for the most part. You may be able to come to an agreement with the other parent that allows you to control the aspects of your child’s upbringing that are most important to you.

Sole managing conservatorship under joint custody arrangements

Do you want to allow the other parent to spend some time with your child but ensure you are the parent who makes most of the decisions for them? You may still be able to ask to be named sole managing conservator and allow the other parent the right to perform some parental duties as a possessory conservator, instead of filing for sole custody in Texas.

Negotiating for key parental rights that matter to you

As I alluded to above, the parental rights enumerated in the Texas Family Code may be subject to negotiation during child custody disputes. They can also be designated as exclusive or shared. Even if you can’t find a path that allows you to get sole custody in Texas, a skilled attorney can help you secure the parental rights that are most important to you in a shared custody arrangement—preferably with the exclusive right to make those decisions.

In most circumstances, it is very difficult to get sole custody in Texas. If you believe it truly is in your child’s best interest for you to have sole custody, the burden will be on you to prove with clear and convincing evidence that the other parent is unfit or unable to share custody. If you want to win a custody battle for sole managing conservatorship, you should:

1). Hire an experienced child custody lawyer

To ensure the best outcome in your sole custody case, you need a knowledgeable Texas family law attorney by your side who is familiar with the legal process and Texas law involving child custody. Securing sole custody is extremely challenging, and we highly recommend you do not go it alone.

2). Have a valid reason for depriving the other parent of legal custody

Texas family courts will not tolerate frivolous lawsuits, so parents who are trying to get sole custody just because they can’t get along with the other parent should pursue other options. If on the other hand you believe the other parent poses a threat to the child’s emotional or physical wellbeing and your child’s welfare is at stake, you may have a case.

For example, if the other parent has been convicted of child abuse, threatened or been convicted of other forms of domestic violence, suffers from an ongoing mental health or substance abuse problem, you may have a valid reason to sue for sole custody in Texas. The court will also consider the financial situations of both of the child’s parents and whether their home environments could put the child’s safety at risk.

3). Provide clear and convincing evidence that the other parent is unfit

Simply claiming that the child’s other parent is an unfit parent isn’t enough to win a sole custody case. You will need to present substantial evidence to support your claims that the child’s wellbeing is in jeopardy. Evidence supporting a request for sole custody can take a variety of forms, such as:

Police reports and/or medical documents substantiating acts of family violence, substance abuse, child neglect, etc.
Evidence of criminal history or past run-ins with the legal system that have substantial legal significance in the realm of a child custody case (violent felonies, physical assault, sexual assault, felonious drug charges, etc.).
Voice recordings, emails, text messages, video recordings, social media posts and other forms of communication that substantiate claims.
Witness testimony from interested parties, such as a family therapist, member of the clergy, teacher, coach, family members, amicus attorney or attorney ad litem, among others.

Along with reviewing the evidence and testimony, the court will also consider what the child’s relationship has been like with both parents and the risks involved before making a decision regarding the child’s future. The road to securing sole custody is an uphill battle, so it’s important to prepare yourself for a bumpy ride.

How to get sole custody in TX by terminating parental rights (it’s NOT easy)

If you’re thinking terminating parental rights in order to get sole custody in Texas is easy, think again. Unless the other parent voluntarily relinquishes parental rights, the burden is on the parent (or interested party, such as a grandparent) bringing the lawsuit to provide clear and convincing evidence that termination of parental rights is in the best interest of the child.

The grounds for terminating parental rights in Texas are spelled out in Chapter 161, Subchapter A of the Texas Family Code.

TERMINATION OF PARENTAL RIGHTS DUE TO ABANDONMENT

Abandonment is one potential ground for involuntary termination of parental rights. You may be able to request and win sole custody in Texas if the other parent:

Voluntarily left a child in possession of an individual (not the other parent) with an expressed intent not to return.
Voluntarily left a child in possession of an individual (not the other parent) without expressing intent to return, not providing support for the child and remaining away for at least 3 months.
Voluntarily left the child alone or in the possession of another without providing adequate support for the child and remained away for a period of at least six months.
Voluntarily and with knowledge of the pregnancy abandoned the mother of the child during pregnancy and for a period after birth.

TERMINATION OF PARENTAL RIGHTS DUE TO ENDANGERMENT, DRUGS, FELONIES, ETC.

You may also be successful in terminating the other parent’s parental rights if you can prove that he or she:

Knowingly placed or allowed the child to be in surroundings or engaged in conduct that endangered the child’s physical or emotional wellbeing.
Failed to support the child according to the parent’s ability within a set period of time.
Has been convicted of or under community supervision for being criminally responsible for the death or serious injury of a child under certain sections of the penal code.
Has been convicted of murder or sexual assault of the other parent.
Used a controlled substance in a manner that endangered the health or safety of a child and failed to complete or abide by a court-ordered treatment program and other steps toward sobriety the court requires.
Gave birth to a child addicted to alcohol or a controlled substance other than one legally obtained by prescription.

The above list is not complete and the offenses must be proven and meet certain

circumstances in order for a judge to terminate parental rights. If you believe your child’s physical or emotional wellbeing is at risk, contact a divorce attorney in Fort Worth or the city or county where you reside to review your options.

On the “other” side? Be careful not to jeopardize your parental rights

Instead of trying to figure out how to get sole custody in Texas, some parents, usually fathers, will agree to let the other parent have sole custody (sole managing conservatorship) because they want to resolve things quickly for their children. They may even feel compassion for the other parent or be holding out hope for reconciliation and step back because they want to make things go as smoothly as possible for the other party.

Relinquishing parental rights can lead to unexpected outcomes

While being compassionate and easy-going is nice, agreeing to relinquish your rights to make decisions for your child can have lasting effects. We have even seen situations where a father handles his own child custody case and agrees to the mother being sole conservator.

Without proper legal advice from a child custody lawyer, you could end up with much less access to your child than you desire, and the other parent could make decisions that you believe are not in the best interest of your child. In addition to the other parent having primary physical custody, he or she—as sole managing conservator—may also have the right to make all decisions regarding medical care, education and more.

It’s harder to modify custody orders later than to get things right in the first place

Should you decide to go back and seek a modification to your child custody orders later, the fact that the other parent was initially granted sole custody could raise red flags with the judge. He or she may question your ability to make decisions or be responsible for the child due to this fact.

We can’t stress strongly enough how important it is to seek legal guidance when custody and visitation of a child is in question. A family law attorney can answer questions ranging from how to file for custody in Texas to how to terminate parental rights to how much child support can I expect to how much is child support in Texas.

Contact our Fort Worth family law firm to review your child custody concerns

Have other questions pertaining to how to get sole custody in TX? We can help. Co-parenting can be challenging even when the two parties get along. Add animosity and anger to the mix, and children often pay the price. At the Sisemore Law Firm, our divorce lawyers in Fort Worth, TX believe children should come first. To learn more about sole custody, shared custody or terminating parental rights in Texas, contact us today to schedule a confidential case review. For your convenience, we offer consultations in-person, by phone or via videoconference. To speak with our office by phone, please call (817) 336-4444.

Photo Source: Canva.com

Sole Custody in Texas FAQs

What happens if the judge won’t agree to sole custody in Texas?

If you can’t convince the court to grant you sole managing conservatorship or terminate the other parent’s parental rights—you and the other parent will likely end up sharing custody. In Texas, you would be named joint managing conservators (commonly known as a joint custody arrangement), which also means the other parent will probably be allowed to make some decisions for the child.

If I can’t get sole custody, what rights will I get in a shared custody arrangement?

Under a joint managing conservatorship in Texas, both parents agree—or a judge decides—which rights and duties each parent will be assigned and responsible to fulfill. When it’s left to the judge to decide, past parental involvement will be key.

That means, who primarily handled what duties and decisions in the past will likely be assigned to handle those responsibilities moving forward. So, if you have been the go-to for medical decisions and the other parent has been taking the child to church every Sunday, those circumstances would probably continue.

What are the disadvantages of sole custody in Texas?

Taking on most if not all of the responsibilities of raising a child can be difficult for one parent to handle alone—both financially and emotionally. From a financial perspective, custodial parents often carry a heavier burden when it comes to child rearing costs, even if they receive child support. It can also be challenging from an emotional perspective, especially when tough parenting decisions arise. Many sole managing conservators don’t have another parent around to help weigh options and provide moral support, which isn’t easy.

Can one parent keep a child from the other parent without court orders in Texas?

No. Prohibiting a legal co-parent from getting access to or visitation with their child is against the law in Texas. The state of Texas generally believes it’s best if both parents have a relationship with their children, so unless you can prove that parent poses a danger to your child, you can’t keep them from the other parent. Even if the other parent isn’t paying court ordered child support, it’s still against the law to withhold access.

What makes a mother or father unfit for custody in Texas?

If a parent poses a threat to their child’s physical or emotional wellbeing, they may be deemed to be unfit to have custody rights in Texas. That threat can come in many forms, including mental health issues, substance abuse problems, committing or threatening family violence, unable to provide a safe home environment, financially unstable or neglectful of the child’s needs, among others.