How to Register Child Custody in Texas

Texas courts recognize that the children's happiness and health are most important.

The safety and well-being of the child or children in question are the most important factors in a child custody case. Whether or not the parents are married, divorced or have never been married, a child custody claim can be brought to court. Texas is in favor of 50/50 child support arrangements, in which both parents have the same amount of responsibility to the children. When that arrangement is objectionable to one or both parents, Texas courts tend to favor the mother. You must provide evidence that you are and have been the primary caretaker of the child to have an impact on a Texas court decision.

Instructions

1. Consult with a lawyer before applying for sole custody of your child. Texas law assumes an even split in child custody cases unless the father or mother has given up their rights to custody at the time of birth. At the time of divorce or separation, a Joint Managing Conservator (JMC) order is awarded, making both parents responsible for the decision-making and caretaking of the child or children involved. Resisting the JMC can be done on your own, but a lawyer is better equipped to handle your case.

2. Present clear evidence to your lawyer or to the district court in your area that it is better for your children for you to be their sole provider. Child custody petition forms can be obtained at your local courthouse. Texas courts don't like to divide parental responsibilities unevenly, so you must provide solid reasons for obtaining an SMC, or Sole Managing Conservator, order. Valid reasons to gain greater parental rights than the other parent include his or her physical or verbal abusiveness, neglect, seriously negligent money managing or substance abusing.

3. Consider having your situation investigated by a court-appointed evaluator. This is very expensive---ranging between $5,000 and $10,000---but if you can afford it, this investigation can help prove your reasons for wanting sole custody of your children. Your home situation will be evaluated, your children may be interviewed, and you will be given the opportunity to present evidence against the other parent. That parent will have a chance to speak for him or herself as well, however.

4. Be open to reasonable visitation rights. Refusing to cooperate will make you look as though your motives are selfish rather than based on what is best for the children involved.

Tips & Warnings

• Contact your attorney general for more information on child custody and support.

• Office of the Attorney General

• Child Support Division

• P.O. Box 12017

• Austin, TX 78711-2017

• oag.state.tx.us/

References

• Enos Law Firm: Child Custody in Texas
• The Attorney General of Texas: Establishing Paternity