How to Get Sole Custody in Fort Bend, Texas

Child custody cases can be some of the most emotionally charged and legally complex disputes in Texas family courts. For parents in Fort Bend County, understanding how custody, legally referred to as conservatorship. While Texas law generally favors joint custody arrangements that allow both parents to remain actively involved in a child’s life, there are situations where a parent may seek sole custody.

In Texas, “sole custody” is not the legal term used; instead, the court may appoint one parent as the sole managing conservator. This means that the parent has the exclusive right to make critical decisions about the child’s upbringing, such as healthcare, education, and living arrangements.

If you are considering pursuing sole custody in Fort Bend, this guide will walk you through:

• What “sole managing conservatorship” means in Texas
• Circumstances where courts may grant it
• The legal process in Fort Bend County
• What evidence is needed to strengthen your case

Understanding Custody in Texas: Conservatorship Basics

Texas family law does not use the terms “custody” or “visitation.” Instead, it uses:

• Managing Conservator: The parent with decision-making authority (joint or sole).
• Possessory Conservator: The parent who has visitation rights but does not make primary decisions.

In most cases, Texas courts name parents joint managing conservators, meaning both share rights and responsibilities. However, if the court determines that joint conservatorship is not in the child’s best interest, one parent may be named the sole managing conservator.

When Do Courts in Fort Bend Grant Sole Custody?

Courts in Fort Bend and across Texas strongly prefer arrangements where both parents play a role. However, they will award sole custody if it is clear that shared custody would harm the child’s physical, emotional, or psychological well-being.

A parent may be awarded sole managing conservatorship in cases involving:

1. History of Abuse or Neglect
   • If there is credible evidence of physical, emotional, or sexual abuse by the other parent.
2. Domestic Violence
   • Any history of violence against the child, the other parent, or household members weighs heavily in custody decisions.
3. Substance Abuse Issues
   • If the other parent has a history of drug or alcohol abuse that poses a danger to the child.
4. Absentee or Uninvolved Parent
   • If the other parent has abandoned the child, failed to provide support, or shown little interest in parenting.
5. Criminal Activity
   • If the other parent has a serious criminal record or ongoing criminal involvement that could endanger the child.
6. Unstable Living Conditions
   • If the other parent cannot provide a safe, stable home environment for the child.

The Legal Process of Seeking Sole Custody in Fort Bend

If you are seeking sole custody, you will need to file a custody case in Fort Bend County family court. The process typically involves:

1. Filing the Petition

• File an Original Petition in Suit Affecting the Parent-Child Relationship (SAPCR) with the Fort Bend County District Clerk.
• If you are already in a divorce case, custody issues are addressed within the divorce petition.

2. Serving the Other Parent

• The other parent must be formally notified and given a chance to respond.

3. Temporary Orders Hearing

• The court may hold a temporary orders hearing to establish temporary custody, visitation, and support while the case is pending.

4. Discovery and Evidence Gathering

• Both sides exchange documents, witness lists, and other information.
• You may collect school records, medical reports, police records, and witness testimony to support your case.

5. Mediation or Settlement Efforts

• Fort Bend courts often encourage mediation before trial to resolve disputes without litigation.

6. Final Hearing or Trial

• If no settlement is reached, a judge will hear the evidence and decide custody based on the best interests of the child.

Evidence Needed to Support a Sole Custody Request

The court will not award sole custody just because one parent wants it. You must show evidence that sole custody is necessary for the child’s well-being. Strong evidence may include:

• Police reports documenting abuse, neglect, or domestic violence.
• Medical records showing injuries or neglect.
• School records that reflect attendance issues or behavioral problems linked to the other parent’s care.
• Witness testimony, including from teachers, doctors, neighbors, or family members.
• Proof of substance abuse, such as criminal records, rehabilitation attempts, or drug test results.
• Financial and housing records showing your ability to provide a stable home environment.

The Judge’s Focus: Best Interests of the Child

Every custody decision in Texas is guided by the best interests of the child standard. Factors the court considers include:

• The child’s emotional and physical needs
• Each parent’s ability to provide a stable home
• The child’s relationship with each parent
• Any history of abuse, neglect, or violence
• The child’s preference (if the child is 12 years or older)

The court’s primary goal is to ensure the child’s safety, stability, and well-being—not to punish or reward either parent.

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

Securing sole custody in Fort Bend, Texas, is not easy. The courts begin with the presumption that children benefit from having both parents involved. To obtain sole managing conservatorship, you must show compelling evidence that joint custody would place your child at risk or is not in their best interest.

Mokolo Law Firm today to schedule a consultation and learn how we can help you pursue the best outcome for your family. At Mokolo Law Firm, we understand the sensitivity and urgency of child custody cases. Our team is committed to protecting your parental rights while ensuring your child’s safety and future come first. If you are considering seeking sole custody in Fort Bend, our attorneys can guide you through the process, build a strong case, and advocate for you in court.