Can I Stop My Ex From Gaining Custody in Texas?

 Posted on May 08, 2024 in Family Law

Child custody arrangements in Texas are made with the best interests of your shared child in mind. This means that your final child custody arrangement depends on your ex’s behavior and the situation where your child will be the best cared for. In some cases, it may be possible to stop your ex from gaining custody, though many factors can influence this.

An experienced Texas child custody lawyer can help you pursue your child custody case and advocate for a favorable arrangement for you and your child.

Texas Child Custody Laws

In Texas, child custody is referred to as a ‘conservatorship.’ Depending on your specific situation, you may be eligible for a joint conservatorship, which involves both parents, or a sole conservatorship, in which one parent takes on all or the majority of the custody and parenting responsibilities. Even in a sole conservatorship, your ex may be able to visit with your child.

Crafting a parenting plan with your ex is the best way to ensure that your child custody arrangements are honored, but if you cannot agree, the courts will decide which type of conservatorship best benefits the child. This is done by looking at things like the suitability of each parent’s home, the parents’ mental and physical health, the emotional ties between the parents and their child, and the child’s preferences.

What Stops a Parent From Gaining Custody?

While Texas courts try to ensure that both parents of a child split their time as equally as possible in a child custody agreement, some factors may stop a parent from being eligible for custody rights.

Factors that can prevent a parent from gaining custody of his or her child include:

• Allegations of domestic violence, abuse, or sex crimes

• Previous issues with neglect or abandonment of the child

• The parent is currently incarcerated or facing criminal charges

• There is ongoing drug or alcohol abuse occurring

• Relocation of the parent to a different county or state

• The parent is currently suffering from mental health issues

If any of these factors might be present in your divorce and child custody case, it is important to speak with your lawyer about them. Your lawyer can help you navigate the effect of these items on your Texas child custody agreement.

Contact a Fredericksburg, TX Child Custody Lawyer

Child custody matters can be highly contentious, and you need an experienced Marble Falls, TX child custody attorney on your side during this process. Attorney Russ Baker is highly experienced with child custody cases, and he will not hesitate to aggressively advocate for your best interests and those of your child.

Call Law Office of Russ Alan Baker, PLLC at 325-216-2006 for a consultation.