When a Parent Might Be Granted Full Custody

 Posted on February 20, 2017 in Custody

Once upon a time, it was not unheard of for a mother to receive sole custody of her children. In fact, unless the mother did something extreme to warrant a closer look by the judge, the father almost never got a say in terms of custody. Today, however, courts are hesitant to grant full custody to any one parent, and consider a full custody arrangement to not be in the best interests of the child. Only if a parent is deemed to be unfit and unable to care for the child will the courts consider granting one parent sole custody-and even only temporary full custody in many cases.

If you hope to obtain full custody, you have a long and difficult road ahead of you. Winning sole custody oftentimes requires the skill and knowledge of an experienced child custody attorney who understands exactly why a judge might grant full custody to one parent and terminate the rights of the other. If you are prepared to prove to the judge why your child is better off without the other parent, reach out to the child custody lawyers at the Clark Law Group for guidance on what you need to do to prepare your case.

Valid Reasons for the Termination of Parental Rights in Dallas, TX

If you want to win full custody of your child, you must file a petition with the courts detailing your exact reasons for wanting to terminate the custodial rights of the other parent. If your reasons are legitimate, the court will hear yours and the other parent's case. However, if your reasons are petty, such as you think the other parent is simply a bad parent, the courts will file away your petition without pursuing further action.

Valid reasons for the termination of parental rights in Dallas are outlined in Chapter 161 of the Texas Family Code. A parent may lose all custodial rights if one or more of the following apply to them, their actions, or their situation:

• Voluntarily left the child alone or with a non-parent, and expressed their intent not to return;
• Voluntarily left the child alone or with a non-parent, expressed their intent not to return, and left the child without any means for support for a period of three months;
• Voluntarily left the alone or child with a non-parent without any means for support for a period of six months;
• Knowingly placed or knowingly allowed the child to remain in conditions or surrounding which endangered the physical and emotional well-being of the child;
• Engaged in conduct which endangered the physical and emotional well-being of the child;
• Failed to support the child to the best of the parent's ability for a period of one year, and ending within six months of filing the petition;
• Been convicted of a crime or placed on community supervision for the death or serious injury of another child; or
• Been convicted of a crime and placed in prison.

There are other grounds upon which a parent may lose all custodial rights in Texas, but the aforementioned are the most commonly cited in cases where a parent returns to court to modify a custody agreement.

Retain the Legal Help of a Dallas Custody Attorney

At the Clark Law Group, our Dallas custody lawyers have a thorough understanding of the Texas Family Code and what sorts of actions are grounds for the termination of a parent's rights. In order for one parent to receive full custody of their child, they must prove beyond a reasonable doubt that the child is in danger when in the custody of the other parent. Because of this, winning full custody is hardly ever easy. Unless the other parent voluntarily forfeits his or her rights, you have a long and difficult road ahead of you. However, with an experienced attorney on your side, you have a better chance of winning full custody and ultimately protecting your child's well being. To speak with a sole custody attorney, call 469-906-2266, or contact our firm online today.

(image courtesy of Clark Young)