If you’re going through a divorce and have children, custody will be a major concern. If you want full custody, you’ll be fighting an uphill battle. That’s why many people decide to hire a Tomball custody lawyer. If you want the best chance of gaining full custody, you’ll do the same.
Convincing the Family Court Judge to Grant You Full Custody Is Extremely Difficult
No matter how much you or your attorney think your ex is a bad parent, it takes a lot to convince a judge to grant you full custody. It’s not realistic to think that your ex will be stripped of all parental rights. That simply won’t happen unless there are extraordinary circumstances.
Now, that doesn’t mean it’s impossible to get full custody of your children. It’s just that the courts don’t think it’s healthy for kids to spend all or most of their time with just one parent.
The judge should make decisions about custody based on what’s in the best interests of the children. This is spelled out in Texas Family Code §153.002. Proving that your children will be better off if you have full custody is often hard.
There Are Times When Full Custody Is Appropriate in the Eyes of the Court
It is no secret that the courts in Texas are reluctant to award full custody of a child to one parent. The courts have long recognized the importance of both parents being involved in a child’s life.
However, there are circumstances where the court will consider awarding full custody to one parent. Some of these factors include:
- The other parent is unfit or has abandoned the child.
- The other parent has a history of violence or abuse.
- The other parent is unable or unwilling to care for the child.
- It is in the best interests of the child.
Proving any of these issues can be difficult. For example, just because your child’s other parent lives far away or is unemployed, that doesn’t mean the court won’t grant them partial custody.
The Judge Cares About What’s Best for the Children
The court will consider many factors when making a custody decision. However, as stated above, the most important factor is the best interest of the child.
Some of the factors the judge will consider include:
- The child’s age and health
- The child’s relationship with each parent
- Each parent’s ability to care for the child
- The child’s home environment
- The child’s educational needs
- The child’s emotional needs
- Any special needs the child has
- The distance between each parent’s home
Our team at Bolton Law has the necessary experience to gather evidence to support your position. They know exactly what the judge is looking for. You’ll be at a serious disadvantage if you don’t avail yourself of legal representation.
If you’re unsure if your situation qualifies for full custody, contact us today at 281-351-7897. We’d be happy to take a look at your case. With so much at stake, you can’t afford to take risks.