Reasons to Pursue Sole Custody in a Texas Divorce

 Posted on October 31, 2025 in Family Law

Most Texas divorces end with joint custody agreements, wherein both parents share physical possession (visitation) and decision-making responsibility (custody) over a child. However, in some cases, it may be appropriate for one parent to have sole physical possession, decision-making responsibility, or both. These decisions are not made lightly by the courts. If you are seeking sole custody of your child in a divorce, reach out to a Llano, TX family law attorney for help.

At the Law Office of Russ Alan Baker, PLLC, many clients have spoken to our tenacious representation and strong client communication. You can rely on our firm to push for a solution that serves your child’s needs, drawing on our extensive knowledge of the law and experience to support your case.

Three Cases for Sole Conservatorship in Texas

Texas judges usually lean toward awards of joint custody based on the presumption that it is in the child’s best interests (Texas Family Code Sec. 153.131). As such, if you want to petition for sole custody, it is your responsibility to show why it would serve your child’s best interests.

High Conflict

When two parents cannot work together without exposing the child to extreme conflict, the court may consider awarding one parent with sole custody. A contested child custody dispute, by itself, will usually not be enough to justify a sole custody award. Instead, the court might consider how the conflict will affect the child’s upbringing, and whether or not the parents’ animosity toward each other will get in the way of their ability to take care of the child.

When deciding who should get custody, the courts may consider the stability of each parent’s home, and any good-faith efforts by either parent to maintain the child’s relationship with the other parent. These are only a few factors that the court may take into account, however.

Abuse and Neglect

Allegations of abuse and neglect by one parent may prompt an immediate investigation by the court. This may involve the appointment of a guardian ad litem (GAL) to look into the child’s home life, visiting the home of each parent and conducting interviews.

A finding of child abuse or neglect could have major implications for custody. If the accusations are deemed credible, the parent who is alleged to have committed abuse or neglect may be denied joint custody rights or only granted restricted visitation. On the other hand, false allegations of abuse reflect badly on the accusing parent.

Unsafe Home Environment

A parent’s unsafe home environment could be grounds for sole custody if it poses an imminent risk to the child’s physical or emotional well-being. For example, if one parent lives together with a violent offender, that living arrangement could be considered a threat to the child. Similarly, if a parent has a severe problem with drug addiction or alcohol, the child’s safety could be cited as a reason for sole custody.

If you believe that your co-parent’s home is unsafe, you should come prepared to support your case with evidence. Our attorney can help you document witness statements and other evidence like photos, video, or text messages showing that the other parent’s home is unsafe.

Contact a Llano County, TX Child Custody Lawyer

Disputes over child custody can be intense, especially if you are trying to secure sole custody. The Law Office of Russ Alan Baker, PLLC can represent you in court and help you make a case for the child’s best interests. To schedule a consultation with our Llano, TX family law attorney, call us at 325-216-2006 today.