How to Get Full Custody of Your Child in Texas

When parents separate, few issues are more emotionally charged than custody. Every parent wants to protect their child’s well-being, but the process of determining who has custody and decision-making authority can be complex under Texas law.

If you are considering pursuing full custody, it is important to understand what that means, what courts look for, and what steps you can take to strengthen your case.

What “Full Custody” Means in Texas

Texas courts do not technically use the term full custody. Instead, they refer to conservatorship, which defines the legal rights and duties each parent has regarding their child.

There are two main types:

Joint Managing Conservatorship (JMC)

The most common arrangement, where both parents share in decision-making about the child’s welfare, education, and medical care.

Sole Managing Conservatorship (SMC)

One parent has the exclusive right to make major decisions for the child. This is what most people mean when they say “full custody.”

When a parent seeks sole managing conservatorship, the court evaluates whether granting one parent full decision-making authority serves the child’s best interests.

When a Court May Award Full Custody

Texas law presumes that joint conservatorship is in the best interest of the child, you will hear the Attorneys, and the court call refer to this idea as the ‘Parental Presumption’. However, a judge may award full custody to one parent if there is strong evidence that joint conservatorship would not be appropriate. 

Common factors include:

• Family violence or abuse

• Neglect, substance abuse, or unsafe living conditions

• A pattern of instability that affects the child’s safety or emotional health

• Absence or lack of involvement by the other parent

• Parental alienation or interference with the child’s relationship with the other parent

The burden of proof is on the parent requesting full custody to show that these circumstances exist and that sole managing conservatorship would protect the child’s well-being.

Steps to Pursue Full Custody

1. Understand the Legal Standard

Texas courts base all custody decisions on the best interest of the child standard, outlined in the Texas Family Code. The court considers factors such as the child’s physical and emotional needs, parental stability, and each parent’s ability to provide a safe, nurturing environment.

2. File the Appropriate Petition

If you are already in a custody case, you may file a petition to modify conservatorship. If no case exists, you can file an original petition in suit affecting the parent-child relationship (SAPCR) to request custody.

3. Gather Strong Evidence

Courts rely heavily on evidence rather than emotion. Useful documentation includes:

• Police reports or protective orders related to family violence

• Medical or school records showing patterns of neglect or instability

• Witness statements from teachers, relatives, or counselors

• Proof of your consistent involvement in the child’s life

4. Maintain a Positive Record

Your own behavior will also be closely reviewed. Demonstrate reliability, cooperation, and respect for the other parent’s rights where appropriate. Courts value stability and maturity when assessing parental fitness.

5. Work With an Experienced Family Law Attorney

Custody cases are deeply personal but also highly procedural. A skilled attorney can help you navigate filings, prepare evidence, and represent your interests in court while keeping the focus on what is best for your child.

Why Legal Representation Matters

Even when your motivations are clear and your intentions are good, Texas custody law is complex. Small procedural mistakes or emotional reactions in court can affect your case outcome. A family law attorney can help you:

• Clarify whether full custody is realistic based on your situation

• Build a case focused on your child’s best interests

• Ensure deadlines, filings, and court appearances are handled correctly

• Protect your parental rights and your child’s safety

Protecting Your Child’s Future

Pursuing full custody is never easy, but with the right preparation and legal guidance, you can approach the process with confidence and clarity. Every family’s situation is different, and Texas courts will always prioritize the child’s best interests above all else.

LDG, PLLC helps Texas parents navigate child custody cases with experience, compassion, and strategic advocacy. Contact us today to schedule a consultation and discuss your options for protecting your child’s future.