Sole conservatorship in Texas means you’re asking a court to give you control over the decisions in your child’s life. Texas courts favor joint arrangements. That means you’ll need to meet a much higher legal standard.
Texas actually doesn’t even use the word “custody” in their legal system anymore. The correct term is “conservatorship” and this difference does matter when a judge looks at your case and reviews your arguments. Joint conservatorship is the automatic starting point in Texas. It’s true even when one parent gets to be the primary residence for the child. Proving that the other parent shouldn’t have any say in decisions about your child requires very strong documentation and solid evidence of problems.
The timing of when you bring in an attorney can matter just as much as the evidence you collect for your case. Some situations mean that you need a lawyer right away. In other cases, you also have more time to get your documentation together before making that call. The difference between these two scenarios usually depends on facts that wouldn’t immediately come to mind.
Family law in Texas has its own set of laws and expectations that differ from what parents who’ve been through divorce in other states might know. Professional legal help can become necessary at certain moments in the process.
Here’s what Texas courts consider when they make full custody decisions.
Texas Benefits Conservatorship Instead of Custody
Texas actually stopped using the word “custody” in family law cases a few years ago. The state legislature made this change because they wanted to put the emphasis on what parents do for their children instead of which parent “gets” the child. This distinction matters and it can change the way that you need to strategize your case.
The courts in Texas now use the term conservatorship when they talk about parental rights and responsibilities. A primary conservator is the parent who has the authority to make the big life decisions for the child. We’re talking about which school the child attends, what medical treatment they can receive, and above all, where the child’s main home is going to be. A possessory conservator is the parent who has the legal right to standard visits and time with the child on a set schedule.
After most divorces in Texas, parents become joint primary conservators. They both share the right to make big decisions about their child’s future. The confusion usually starts right about here though. Joint primary conservatorship doesn’t mean that everything is equal. One parent usually gets the exclusive right to choose where the child’s primary residence is. That same parent can also make day-to-day decisions without having to call or text the other parent for permission every time.
Sole primary conservatorship works differently. With this arrangement, one parent holds complete control over decisions and the other parent only gets possessory conservatorship. Texas courts reserve this for very particular circumstances. Family violence is one reason or maybe when one parent has been absent from the child’s life for an extended period.
I see parents come in constantly who ask for “full custody” when what they actually want is to be designated as the parent who determines where the child lives. Others believe that joint conservatorship means a perfect 50-50 split of everything. It’s more nuanced. The parent who has the right to set up the child’s primary residence usually has the child, even when the parents are joint conservators. All child custody cases are decided with the child’s best interests in mind.
Evidence That the Court Requires
If you believe that you should have sole custody of your child, you want to consult a Texas child custody lawyer. LegalMatch.com can connect you to a lawyer who is experienced in Texas custody law and can prepare your best case for sole custody of your child.
Texas courts are extremely reluctant to award sole conservatorship to one parent. The parent who wants this has to prove that their child faces danger or significant harm in the other parent’s care. The legal bar is very high and for valid reasons. Judges in Texas work under the assumption that children deserve relationships with their parents whenever that’s reasonably possible.
The court needs to see real, documented problems before even thinking about sole conservatorship. Documented abuse or neglect will get their attention. Substance abuse problems that directly endanger the child (especially extreme cases) can also be a factor. A parent who has abandoned their child or moved so far away that joint conservatorship becomes impossible to manage may also lose joint custody in some cases.
Disagreements about bedtimes or how much screen time is okay won’t move the needle in court. The fact that the other parent’s new partner gets on your nerves or that their house isn’t as nice as yours means nothing to a judge. Different parenting philosophies are normal and actually expected. Courts need evidence of real harm or of a genuine danger of it happening.
The statistics paint a pretty obvious picture of how rare sole conservatorship is in Texas. Less than 10% of all custody cases end with one parent receiving sole conservatorship. Judges need obvious and convincing evidence that joint conservatorship would harm the child. This legal standard is much higher than just demonstrating that one parent could be marginally better at some parts of parenting.
Making accusations without strong proof is one of the worst mistakes you can make in these cases. False claims of abuse or neglect will torpedo your credibility with the court faster than just about anything else. Judges have to work with exaggerations constantly and have become really skilled at finding them. A parent who accuses the other of something without being able to prove it ends up damaging their own position. Remember, the courts also have a responsibility to protect children from false allegations and the damage those cause.
Evidence That Wins Your Custody Case
Evidence is what wins full custody cases in Texas and most parents miss that part. The actual challenge is collecting the evidence and especially knowing when to start collecting it. Evidence that you create right when something happens is always going to be stronger than memories you try to piece together six months later.
Official documents are your strongest assets in any custody case. Police reports are especially helpful in Texas courts and the same goes for any CPS records or medical paperwork from hospitals and doctors. School records can be worth having because they can show patterns like excessive absences or behavior problems during the other parent’s time. These documents already exist in offices and databases and you just have to request copies from the right places. Every single interaction with your ex-spouse can become possible evidence as well. Text messages and emails need to be saved and organized and a dedicated parenting app takes this a step further by automatically recording and timestamping all your communications. Texas courts also value documentation that shows who said what and the precise time when it was said. Screenshots can do the job in a pinch, even though apps that are specifically designed for co-parenting situations usually carry more weight with judges.
Your own active involvement in your child’s life needs the same careful documentation. Receipts for school supplies and sports equipment show financial support. Photos from soccer games and doctor appointments show your physical presence. Report cards that improve during your custody time tell their own story. Texas judges are looking for proof of which parent supports and helps with the child’s growth and development.
It’s easier if you set it up before the paperwork starts to overwhelm you. Simple folders for categories like medical records, school documents, and communication logs work just fine. The dates on everything matter. Your attorney is going to thank you if you can quickly pull up any document that they need to strengthen your case.
Do You Need a Lawyer for Your Case?
Sometimes the smartest move is to admit that you need professional help with your custody case. Your ex shows up with a lawyer and when you’re standing there alone, the whole courtroom changes in their favor. You don’t want to be the only person in that room without legal representation.
Some situations need an attorney and there’s no way around it. Child Protective Services involvement is one situation where you need to get a lawyer right away. The same goes for protective orders or any property disputes that cross state lines. These kinds of complications can mess up your case and when you try to get through them on your own, it usually goes wrong.
Most parents wait way too long before they hire an attorney because they’re worried about the cost. An oil change is cheap. But a blown engine will cost you thousands.
Some couples agree on most of the points and just need the court to sign off on their arrangement. But watch for the warning signs that it’s becoming too tough. When the legal paperwork starts to feel like it’s too much or when the court procedures don’t make sense anymore, that’s your cue to bring in professional help. Missed deadlines and incorrect forms can seriously damage your custody case.
Court Steps and Timeline for Your Case
Full custody cases in Texas usually run anywhere from 6 months to well over a year. After you file your first petition with the court, you’re probably going to wait at least a few weeks before your first temporary orders hearing even gets scheduled.
The hearing won’t settle much permanently. What it will do is set up some ground guidelines for who has the child and when, just so everyone has a framework as the case continues to move through the system. Temporary orders are what they sound like, temporary arrangements that keep the situation stable for the months of legal proceedings that are still to come.
To get to trial in Texas, the state wants you and your ex to attempt mediation first. The requirements depend on which county you’re in. You might also have to take mandatory parenting classes and each jurisdiction has its own requirements. Harris County’s laws are going to be very different from what Dallas County expects, so you should verify the exact requirements with your local court clerk’s office. In a lot of cases, the judge will bring in a guardian ad litem whose job is to represent what’s best for your child. Once appointed, this person is going to interview you and your ex and they’ll probably want to visit each of your homes as well. On top of that, a psychologist will start to document how you and your child interact together if the court orders a formal custody evaluation.
What a lot of parents don’t know is that most of the negotiation happens in the judge’s chambers and you won’t even be in the room for most of it. Your attorney and the opposing attorney will hash out the facts and possible agreements in these private meetings. When you add it all up, the time that you spend in the courtroom is usually just a fraction of what goes on behind closed doors.
This waiting and uncertainty can wear you down over time. A strong support network of friends and family really matters when the process drags on for months. The hardest part isn’t even the court appearances themselves, it’s the endless waiting between the hearings and not knowing what comes next. Fill your calendar with work projects, hobbies, and activities that keep your mind occupied and your spirits up, because you’re going to need that positive energy for the long road ahead.
Do You Need Help From a Lawyer?
A custody battle could be one of the hardest experiences you’ll ever face as a parent. Families struggle with this choice every day. The path to sole conservatorship in Texas is tough, and the courts don’t grant it lightly because the judges usually believe that children do better when both parents stay part of their lives. But when a child’s safety and wellbeing faces danger, the fight for sole conservatorship can become necessary, and, fortunately, the legal system does have provisions in place to help parents protect their children.
Even after you receive sole conservatorship, the challenges don’t disappear. The other parent might file requests to modify the arrangement later and you’ll still need to manage some level of interaction with them through visitation schedules or other parenting matters that come up. The emotional weight of these situations can also seem crushing and some days will be harder than others. What matters most is that you stay focused on creating a steady and loving environment for your child, because that foundation can help the two of you move forward together.
You probably have so much on your mind and the to-do list feels endless. First and foremost, you should collect every document that might support your case. A support group can make a big difference too. You’ll be able to connect with other parents who know what this experience feels like. Above all else, you need to schedule a consultation with a family law attorney with knowledge of Texas conservatorship laws, because every family’s situation has unique circumstances that need careful legal analysis and strategy.
Access to the right resources helps with these cases. It’s why LegalMatch exists. LegalMatch connects parents with experienced Texas child custody attorneys throughout Texas who manage tough conservatorship cases every day. The attorneys will review the facts of your situation, explain all your available options, and talk about each step of the legal process as they advocate for your child’s best interests. LegalMatch removes the stress and uncertainty of finding qualified legal representation at a time when you need professional input the most.
