How to Get Full Custody of a Child in Texas

Texas Family Code Section 153.001 governs child custody decisions, aiming to ensure the best interests of the child. This statute affects parents and guardians seeking full custody of a child in Texas.

As of September 1, 2019, the Texas Family Code requires a $200 filing fee for custody cases.

Defining Full Custody in Texas

Texas Family Code Chapter 153 defines full custody, also known as sole managing conservatorship, as a arrangement where one parent has the exclusive right to make decisions regarding the child’s care. The court applies the “best interests of the child” standard, as outlined in Section 153.002, when determining custody. This standard considers factors such as the child’s physical and emotional needs, the parents’ ability to provide a stable environment, and the child’s wishes, if applicable.

In practice, this means that the court prioritizes the child’s well-being and safety above all else. According to Section 153.131, the court may consider a parent’s history of family violence, substance abuse, or neglect when evaluating their fitness for custody. A parent seeking full custody must demonstrate their ability to provide a stable and nurturing environment, with a stable residence and a $3,000 per month income.

The court may also consider the results of a home study, which assesses the parent’s suitability for custody, as required by Section 153.122. This study typically takes 60 days to complete and costs $1,500.

Texas’s Specific Requirements or Thresholds

Threshold Requirements

Texas Family Code Section 153.005 sets a threshold requirement of 6 months of residency in the state for a parent to file for custody. Additionally, the parent must demonstrate a gross income of at least $4,000 per month to support the child’s needs. The court may also consider the results of a psychological evaluation, which costs $2,000 and takes 30 days to complete.

In plain terms, this means that a parent seeking full custody must meet specific financial and residency requirements. The court applies a 12-month look-back period to evaluate the parent’s financial stability, as outlined in Section 153.051.

Income Requirements

Texas Family Code Section 153.052 requires a parent seeking full custody to demonstrate a minimum annual income of $48,000. The court may also consider the parent’s debt-to-income ratio, which must not exceed 30%. A parent with a high credit score, above 700, may be viewed more favorably by the court.

Parenting Plan Requirements

Texas Family Code Section 153.002 requires parents to submit a parenting plan, which outlines the terms of custody and visitation. The plan must include a 12-month calendar, specifying the child’s residence and visitation schedule, and a dispute resolution process. The court may reject a plan that does not meet the $500 filing fee requirement.

Legal Process in Texas

The court with jurisdiction over custody cases in Texas is the District Court, as specified in Texas Family Code Section 24.001. A parent seeking full custody must file a petition with the court, which costs $300, and serve the other parent with a 20-day notice. The court may schedule a hearing within 60 days of filing.

This is where the law gets teeth. The court may appoint a guardian ad litem to represent the child’s interests, at a cost of $1,000 per month. The guardian ad litem must submit a report to the court within 90 days of appointment, as required by Section 107.021.

In practice, this means that the legal process for obtaining full custody in Texas can take several months, with a 6-month timeline for completion. The court may grant temporary orders, which remain in effect for 180 days, while the case is pending.

Penalties and Consequences

Texas Family Code Section 157.001 imposes penalties for violating a custody order, including a $500 fine and 30 days in jail. A parent who interferes with the other parent’s visitation rights may face a $1,000 fine and 60 days in jail, as specified in Section 157.002.

The court may also impose a $2,000 fine and 1-year probation for a parent who fails to comply with a custody order. In severe cases, the court may terminate a parent’s rights, as outlined in Section 161.001, which requires a 90-day notice period.

A parent who violates a custody order may face a 3-year ban on seeking custody, as specified in Section 157.003. The court may also require the parent to attend a parenting class, which costs $200 and takes 8 hours to complete.

How Texas Compares to Other States

Texas’s custody laws are similar to those in California, which also applies the “best interests of the child” standard. However, California requires a 6-month residency period, whereas Texas requires only 6 months. New York, on the other hand, has a 12-month residency requirement, as specified in New York Family Court Act Section 240.

In comparison to other states, Texas has a relatively low filing fee of $200, whereas California charges $435 and New York charges $350. The court in Texas may also consider the results of a home study, which costs $1,500, whereas California requires a $2,000 study.

Practical Steps or Enforcement

The Texas Department of Family and Protective Services (DFPS) enforces custody orders and investigates allegations of child abuse or neglect. A parent seeking full custody must submit a report to the DFPS, which costs $100, and cooperate with any investigation. The DFPS may require a parent to attend a 4-hour parenting class, which costs $50.

In practice, this means that a parent seeking full custody must be prepared to provide detailed information about their financial situation, living arrangements, and parenting plan. The court may require a parent to submit a $500 bond to ensure compliance with the custody order.

Recent Changes or Current Legislative Status

As of 2022, the Texas Legislature is considering a bill, HB 1450, which aims to reform the state’s custody laws. The bill proposes to increase the filing fee for custody cases to $500 and require a 12-month residency period. The bill is currently in committee and is expected to be voted on within the next 6 months.

In plain terms, this means that the law governing full custody in Texas is subject to change. The Texas Legislature may pass new laws or amend existing ones, which could impact the rights and obligations of parents seeking full custody. As of now, the court is still applying the current law, with a 20-day notice period for hearings and a $300 filing fee.

The court is expected to continue enforcing the current law until any changes take effect, with a 30-day transition period. The Texas Department of Family and Protective Services will provide guidance on the new law, with a 60-day implementation timeline. As the law evolves, parents seeking full custody must stay informed about the latest developments and requirements.