Can I Get Sole Custody of My Kids in Texas?

 Posted on December 25, 2025 in Child Custody

Texas courts prioritize stability, safety, and the child’s overall well-being when deciding custody cases. It is possible to get sole custody of your children in Texas. However, it is not the default, and it must be supported by evidence that this type of arrangement would be in the child’s best interest.

Courts begin with the idea that children benefit from having both parents involved, unless there is a strong reason to limit one parent’s rights. Our Tarrant County, TX child custody lawyer can help explain how Texas courts approach sole custody and what factors truly matter.

What Does Sole Custody Mean Under Texas Law?

In Texas, custody is called conservatorship. Sole custody usually refers to one parent being named the sole managing conservator. A sole managing conservator has the exclusive right to make major decisions for the child. These decisions may involve education, medical care, and where the child lives. The other parent may still have visitation rights, unless the court limits or denies them. Texas Family Code § 153.002 makes clear that the best interest of the child is always the court’s primary concern in custody decisions.

Is Sole Custody Common in Texas?

Texas courts generally prefer arrangements where both parents share rights and duties. This is called joint managing conservatorship.

Under Texas Family Code § 153.131, a court must appoint at least one managing conservator, but it does not automatically favor one parent over the other. Sole custody is usually considered only when joint custody would not be safe or workable for the child. Because of this, courts require clear reasons before awarding sole custody.

When Might a Texas Court Consider Sole Custody?

Sole custody is more likely when evidence shows that shared decision-making would harm the child. Courts look closely at the facts of each case, but some situations that may support a sole custody request include:

• A history of family violence, abuse, or neglect

• Serious substance abuse that affects parenting ability

• Ongoing criminal behavior or repeated arrests

• Severe mental health concerns that are not being treated

• A pattern of abandoning the child or failing to meet basic needs

These factors are evaluated carefully. The focus is always on how the situation affects the child, not on punishing a parent.

How Does Domestic Violence Affect Sole Custody Decisions?

Domestic violence plays a major role in custody decisions. Texas Family Code § 153.004 requires courts to consider evidence of family violence when deciding conservatorship.

If a parent has committed family violence, the court may restrict that parent’s rights or deny joint custody altogether. In some cases, this can lead to sole custody for the other parent. Courts may also order supervised visitation or other safeguards to protect the child.

What Evidence Is Used to Support Sole Custody?

A parent asking for sole custody must show how it serves the child’s best interests. Evidence commonly reviewed includes:

• Police reports or protective orders

• Medical or school records

• Testimony from teachers, counselors, or caregivers

• Documentation of missed visits or lack of involvement

• Records demonstrating substance abuse or unsafe behavior

Clear and organized evidence helps the court understand the child’s situation. Your attorney can help you gather the proof you need to support your claims.

Can Texas Custody Orders Be Changed Later?

Custody orders are not always permanent. Texas law allows modifications when there has been a material and substantial change in circumstances. For example, if a parent addresses substance abuse issues or improves stability, the court may reconsider custody or visitation. However, the child’s needs and safety remain the guiding priority in these decisions.

Why Might Sole Custody Cases Be Complex?

Sole custody cases often involve detailed evidence and careful review. Judges in Tarrant County expect clear explanations of why sole custody is necessary. These cases can involve emotional issues, but courts focus on facts, patterns, and the child’s daily life. Preparation and understanding of local court practices can make a difference.

Contact Our Dallas, TX Child Custody Attorney Today

At Law Office of Michelle Poblenz, families receive steady guidance that helps them navigate difficult custody matters. Attorney Michelle Poblenz brings over 25 years of legal experience and previously served as a prosecutor with the Dallas County District Attorney’s Office. If you have questions about custody or want to understand your options, call 469-845-3031 to schedule a consultation with our Tarrant County, TX child custody lawyer. Let us put our experience to work for you.