What Evidence Would I Need to Get Sole Custody in Dallas?

 Posted on December 11, 2021 in Custody

Texas family courts operate under the presumption that it is in the child’s best interest to spend time with and enjoy the guidance of both parents. As such, they are generally reluctant to give one parent exclusive full-time access to the child. However, there are situations in which spending time with one parent would be detrimental to the child’s health, safety, or mental well-being. In these cases, courts will consider granting sole custody, but some evidence may be needed to convince the court that this is truly necessary to protect the child.

If you believe that you need sole custody of your child for their safety, working with an experienced family law attorney may afford you the best opportunity to put forth a strong case.

What Kinds of Evidence Might Convince a Court That Sole Custody is Appropriate?

Even if they are completely true, one parent’s unsupported claims that the other parent is a danger to the child may not be enough to convince a court that granting sole custody is the right thing to do. An attorney can work with you to help you start identifying and collecting the evidence you may need. This evidence could include:

• Police reports - If your child’s other parent is violent, abusive, or threatening, filing a police report can create a record of the abuse, even if no charges are ever filed. If you find that your child is being neglected when she is with her other parent, you should report this as well.
• Legal records - A court may not want a child to be influenced by a parent who engages in a pattern of criminal behavior. If the other parent has a history of violent crime, sexual misconduct, or gang activity, the court could see them as a danger to the child. Or, multiple drug or alcohol-related offenses could be used to prove that a parent has a substance abuse problem and could not adequately care for the child.
• Witness testimony - Third parties, like neighbors, who may have seen or heard the other parent behaving abusively can help corroborate your testimony.
• Child’s words - Depending on the age of the child, the court will consider the child’s input and relationship with each parent. If your child is fearful of their other parent or strongly objects to spending time with them, the court may be more likely to seriously consider a request for sole custody.

The court will consider all of the evidence carefully before making a decision to grant sole custody to one parent.

Call a Texas Child Custody Attorney

If you need to protect your child by gaining sole custody, the Clark Law Group can help you put together a strong case. Our Dallas child custody lawyers are experienced in collecting evidence and putting forth compelling arguments for sole custody. Call us at 469-906-2266 to arrange a confidential consultation.

Source:

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.153.htm#C