When Do Parents Get Sole Custody in Texas Divorces?

 Posted on September 08, 2025 in Child Custody

When a relationship between parents breaks down, sometimes the only healthy option for the family is a divorce. However, this also comes with numerous questions about where the child will live and what role each parent will play in his or her life. If you are seeking sole custody over your child, you should strongly consider working with a Fort Worth, TX child custody attorney.

At The Law Office of J. Kevin Clark P.C., we have experience handling stressful child custody cases on behalf of clients. In his career spanning nearly 40 years, Attorney J. Kevin Clark has learned how to navigate custody matters with an unstable or narcissistic parent.

Three Reasons Courts May Award Sole Custody in Texas

Judges in Texas do not take the idea of sole custody lightly. In fact, the state assumes that appointing parents as joint managing conservators is best for the child unless proven otherwise (Texas Family Code Sec. 153.131). As such, if you want to make a case for sole custody, you should come prepared with evidence.

History of Domestic Violence or Sexual Abuse by a Parent

When a parent petitions for custody, the court may consider any instances of "abusive physical force" or sexual violence against his or her spouse, the parent of his or her child, or a minor in the past two years. In response to a finding of family violence or sexual abuse, the judge can restrict or prevent the parent’s access to the child.

Untreated Mental Disorders or Drug Addiction

A parent’s private struggles are not always directly relevant to a child custody case. However, if the disorder or addiction interferes with the parent’s ability to provide a safe environment for the child, the court may consider that parent unfit. To determine if a parent is unfit, the court may refer to the parent’s arrest records, character references, and history of sobriety.

Lack of Interest in the Child’s Welfare

If one parent is totally unconcerned about the child’s well-being, you may be able to make a strong case for sole custody. To demonstrate that a parent is uninterested to the point of being neglectful, you might cite his or her prior history of walking out on the family. You could also point to a pattern of missed visits or overall lack of involvement in your child’s life.

A parent simply having a busy or restrictive schedule should not automatically be treated as disinterest. Keep in mind that even if a parent cannot take care of a child on a routine basis, he or she may still have a right to reasonable visitation.

Contact a Fort Worth, TX Child Custody Lawyer

In discussions about conservatorship in Texas, the child’s best interests should be given priority. At The Law Office of J. Kevin Clark P.C., our Fort Worth, TX family law attorney can help you argue for a healthy parenting arrangement for your child, even if it means fighting for sole custody. Call us at 817-348-6723 to set up a free consultation.