If you’re asking, “Can I get sole custody?” you’re not alone. Many parents—especially those concerned about the other parent’s involvement or behavior—wonder what it takes to be awarded sole managing conservatorship and what it means for their family.
In Texas, the law doesn’t use the term “custody.” Instead, the courts and the law use the terms “conservatorship” for legal rights and duties, and “possession and access” for parenting time via periods of visitation.
While Texas courts favor joint conservatorship in most situations to encourage both parents to remain involved in their child’s life, there are important exceptions where sole conservatorship may be in the child’s best interest.
Below, we break down what these terms mean, what courts consider, and how you might pursue sole custody in Harker Heights and throughout Texas.
What Does “Sole Custody” Mean in Texas?
In Texas, the legal term for custody is conservatorship. When someone asks about “sole custody,” they are usually referring to sole managing conservatorship. A parent with sole managing conservatorship has the exclusive right to make important decisions regarding the child’s life, including education, medical care, and psychological services.
This is different from joint managing conservatorship, where both parents share decision-making responsibilities.
Sole Managing Conservatorship vs. Joint Managing Conservatorship
Most Texas courts begin with the presumption that both parents should be named joint managing conservators. This means they must share rights and duties concerning their child, even if one parent is designated as the primary caregiver.
However, in some situations, the court may determine that appointing one parent as the sole managing conservator is in the best interest of the child. Reasons might include:
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A history of family violence or abuse
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Substance abuse by one parent
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A pattern of neglect
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Long periods of absence or disengagement by one parent
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High levels of conflict making joint decision-making impractical
What Rights Come with Sole Managing Conservatorship?
If the court grants you sole managing conservatorship, you may receive the exclusive right to:
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Designate the child’s primary residence
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Consent to medical and psychological treatment
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Make decisions about the child’s education
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Receive child support on the child’s behalf
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Represent the child in legal actions
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Apply for and renew the child’s passport
In contrast, a parent appointed as a possessory conservator (the other parent) will typically retain limited rights, like visitation or access to medical records, depending on the circumstances.
How Do I Request Sole Custody in Harker Heights?
To seek sole managing conservatorship, you’ll need to file a custody suit or include the request in your divorce petition. You must be prepared to show the court why joint conservatorship is not in the best interest of your child.
Evidence can include:
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Police reports or CPS records
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Medical or mental health evaluations
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Testimony from professionals or witnesses
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Documentation of one parent’s lack of involvement or misconduct
What If the Other Parent Disagrees?
It’s common for the other parent to contest a request for sole custody. The judge will review all available evidence and consider the Holley factors—a list of considerations that help determine the child’s best interest. These include:
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The emotional and physical needs of the child now and in the future
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The parenting abilities of each party
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The stability of each home environment
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The child’s preferences (if age-appropriate)
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Any history of harm or danger
Get Help from a Family Law Attorney in Harker Heights
Custody battles can be complex and emotionally taxing. If you’re wondering whether you can get sole custody of your child in Harker Heights, it’s essential to speak with a local attorney who understands the nuances of Texas family law. At The Law Office of Jonathan Tanaka, PLLC, we help parents present strong, child-focused cases and protect their rights at every stage.
Schedule a consult today — let’s take the first step together!
