How to Get Sole Custody in Fort Bend County, Texas

Child custody is one of the most emotional and important issues parents face during a separation or divorce. In Texas, custody is legally referred to as “conservatorship.” Parents are usually expected to share responsibilities, but in certain cases, one parent may seek sole custody (called “sole managing conservatorship” under Texas law).

If you live in Fort Bend County and are considering filing for sole custody, here’s what you need to know.

What Does Sole Custody Mean in Texas?

In Texas, custody arrangements fall into two categories:

• Joint Managing Conservatorship (JMC): Both parents share rights and duties regarding the child (the most common arrangement).
• Sole Managing Conservatorship (SMC): One parent is given the exclusive right to make important decisions about the child, such as:
  • Where the child lives.
  • Decisions about education, medical care, and counseling.
  • Consent to marriage or military enlistment.
  • Receiving child support.

The other parent (called a possessory conservator) may still have visitation rights but does not share decision-making authority.

When Can a Parent Get Sole Custody?

Courts in Fort Bend and across Texas prefer joint custody unless there’s a strong reason otherwise. Sole custody may be granted when joint custody would not be in the child’s best interest. Examples include:

• Family Violence or Abuse – Evidence of physical, emotional, or sexual abuse toward the child or the other parent.
• Neglect – A parent failing to provide proper care, supervision, or necessities.
• Substance Abuse – Drug or alcohol issues that endanger the child’s safety.
• Abandonment – A parent’s absence or failure to maintain a relationship with the child.
• Parental Conflict or Inability to Co-Parent – Situations where parents cannot work together for the child’s well-being.

The court’s primary focus is always the best interest of the child.

Steps to Getting Sole Custody in Fort Bend

1. File a Custody Case

You (or your attorney) will file a Suit Affecting the Parent-Child Relationship (SAPCR) or include custody requests in a divorce petition if you’re divorcing. This is filed in the Fort Bend County District Clerk’s Office.

2. Request Sole Managing Conservatorship

In your filing, you must specifically ask the court to appoint you as the sole managing conservator and explain why joint custody is not appropriate.

3. Gather Evidence

Strong evidence is key to proving that sole custody is in the child’s best interest. This may include:

• Police reports or protective orders (family violence).
• Medical or school records.
• Testimony from teachers, counselors, or relatives.
• Text messages, emails, or social media posts showing neglect or abuse.
• Witnesses who can support your claims.

4. Temporary Orders Hearing

While the case is pending, you can request a temporary order for custody to protect your child immediately until the final hearing.

5. Court Evaluation & Investigation

The judge may order:

• Social studies (interviews, home visits).
• Child custody evaluations by psychologists.
• Guardian ad litem appointment (an independent advocate for the child).

6. Final Custody Hearing

Both parents present their evidence and arguments. The judge then decides whether sole custody should be granted.

What Rights Do You Get with Sole Custody?

If awarded sole managing conservatorship, you typically gain the exclusive right to:

• Decide where your child lives.
• Direct medical, dental, and psychological care.
• Make decisions about education and religious upbringing.
• Apply for and maintain the child’s passport.
• Receive and manage child support.

The other parent may still receive visitation under a standard possession order (SPO) or a modified schedule if safety is a concern.

Tips for Strengthening Your Case

• Focus on the child’s best interests – Always frame your argument around what benefits your child, not personal grievances.
• Document everything – Keep a detailed record of incidents, missed visits, or unsafe behavior.
• Stay respectful – Avoid hostile behavior, as judges look for parents who can foster a healthy environment.
• Work with an experienced attorney – Custody cases in Fort Bend are complex, and professional guidance can make the difference.

Why Work with Mokolo Law Firm?

At Mokolo Law Firm, we understand how important your child’s future is. Our Fort Bend custody attorneys will:

• File your case promptly and correctly.
• Build a strong evidence-based argument for sole custody.
• Represent you in temporary orders hearings and trials.
• Work to protect your child from unsafe environments.
• Guide you step by step with compassion and clear communication.

Final Thoughts on How to Get Sole Custody in Fort Bend County, Texas

Obtaining sole custody in Fort Bend County is possible, but it requires careful preparation, strong evidence, and a strategy legal approach. The court always prioritizes the best interest of the child, so your case must clearly show why granting you sole custody serves that purpose.

If you are seeking sole custody, contact Mokolo Law Firm today. We will fight for your child’s safety and well-being while guiding you through the legal process with skill and care.