What Situations Call for Sole Legal Custody in Texas?

father and daughter hugging

In some circumstances, separating children from their families is the safest option. If you believe your children would be better off in your full-time care, hiring an experienced child custody attorney is an important step.

Sole Custody in Texas

In most cases, one parent ends up filing for sole custody at some point during the divorce process. It’s also possible for a single parent to lose custody if other community members see evidence of a problem.

Certain factors must be in place for a parent to lose custody. If you’re preparing for a custody battle, it’s wise to know what to expect.

What Constitutes the Loss of Sole Custody?

If one or more of these issues is happening, you have grounds to file for sole custody. The judge won’t necessarily grant the order, but these factors will ensure they take it into consideration.

Child Alienation

Child alienation refers to the practice of manipulating or otherwise influencing a child with the intent of harming their relationship with the other parent.

Substance Abuse

When one parent is abusing drugs or alcohol, it creates an unsafe environment for the children. This is especially true if you don’t live with the other parent and can’t be present to ensure your children are safe.

There’s a greater chance the issues with substance abuse will support your case for custody if they’re documented and ongoing. For example, maybe the other parent has already completed a court-appointed rehab stay.

Family Violence

Whether the violence was directed at the children, you, or another household member, it creates a hostile environment for the child.


Abandonment refers to situations in which the parent doesn’t fulfill their parental duties. For example, they never show up to gather the kids from school. One mistake won’t result in a loss of custody; however, the judge will examine whether a parent has repeatedly failed to meet reasonable expectations.

Criminal Conduct

Engaging in criminal behavior will affect custody status. This is true even when the criminal behavior doesn’t take place around the child.

Presenting a Danger

Other actions or choices may present a danger to the child as well. They don’t necessarily have to be criminal or done with harmful intent.

The Child Custody Attorney You Can Trust: The Law Office of Rebecca J. Carrillo

A custody case can be intimidating, but you don’t have to fight this battle alone. Our experienced San Antonio custody lawyers know the ins and outs of the law and will fight to ensure the best outcome for your kids. Let us reduce your stress and ease your mind during this challenging chapter.

Call us today at (210) 405-6623 to schedule your $70 case consultation.

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