The Love DuCote Law Firm LLC Legal Blog

Keep this in mind if you request sole child custody

When a Texas parent sues a co-parent over custody-related issues, things can get messy in court. If the parent filing the lawsuit is seeking sole child custody, he or she must be prepared to convince the court that this ruling would be in the child’s best interest. Many parents seek this type of custody when they have evidence that a co-parent’s lifestyle or habits would be a detriment to their children or place the kids at risk.

If a parent seeks sole custody, it becomes a matter of convincing the judge overseeing the case that the child or children in question would be better off with him or her on a full-time basis. If the parent in question believes the co-parent poses a risk to the children, evidence must be provided to prove the allegation. This would be the case, for instance, if a parent believes a co-parent has a substance abuse problem.

When a family court judge is considering whether granting sole custody is appropriate, the appearance, demeanor and testimony of both parents will be scrutinized. A parent hoping to win custody will want to appear confident, neat and clean and present him or herself in a manner that shows capability of being the sole custodial parent. The court will consider many factors, including income of each parent, ages and number of children, and whether there are issues that show one or the other parent would place the children at risk.

A Texas parent hoping to win sole child custody will want to be prepared with any documents or evidence needed in court. It’s helpful to consult an experienced family law attorney ahead of time to make sure all state laws and regulations are understood. An attorney can also recommend a best course of action if a particularly challenging legal issue arises during proceedings.

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