Family Law · 2024-09-27 · 11 min read · Anthony Robles
How to File for Full Custody in Texas: Step-by-Step Guide
TL;DR (Quick Summary)
"Full custody" in Texas is sole managing conservatorship (SMC) — one parent holds the exclusive rights to decide the child's residence, education, and medical care. Texas presumes joint managing conservatorship is best, so to win SMC you must show family violence, abuse/neglect, substance abuse, absence, or extreme instability. The process: file a SAPCR (or modification) in the county where the child has lived 6 months, serve the other parent, temporary orders hearing, discovery/mediation, then final trial. Even with SMC, the other parent usually still gets visitation and pays support.
The Filing Process, Step by Step
- 1. Confirm jurisdiction: the child must generally have lived in Texas 6 months; file in the child's home county (Ector County District Clerk for Odessa).
- 2. File the SAPCR petition (Suit Affecting the Parent-Child Relationship) — or a modification if orders already exist — requesting sole managing conservatorship. Filing fees run ~$300–$400.
- 3. Serve the other parent and, if there's danger, request a temporary restraining order the same day.
- 4. Temporary orders hearing (usually 14–30 days in): the judge sets who has the child during the case — this hearing often shapes the final result, so treat it like trial.
- 5. Discovery, custody evaluation, mediation — most West Texas courts require mediation before trial.
- 6. Final trial if no settlement — bench or jury (Texas is one of the only states allowing jury custody verdicts).
What You Must Prove to Overcome the Joint Custody Presumption
Texas Family Code §153.131 presumes joint managing conservatorship. Courts award SMC when the evidence shows: family violence (a credible finding removes the presumption entirely under §153.004), child abuse or neglect, drug/alcohol abuse, abandonment or long absence, criminal conduct, or an inability to co-parent that harms the child. Build the record with police reports, CPS findings, medical and school records, drug test results, and neutral witnesses — and use the best-interest (Holley) factors as your evidence checklist.
Costs: contested custody cases in the Permian Basin commonly run $5,000–$25,000+ depending on experts and trial. Timeline: 6–14 months contested. We handle SMC cases in Ector, Midland, and surrounding counties: (432) 366-6000.
Frequently Asked Questions
What does "full custody" mean in Texas?
Sole managing conservatorship — one parent gets the exclusive right to determine the child's residence, consent to medical treatment, and make education decisions. It is not the same as terminating the other parent's rights; they typically keep possession (visitation).
Can a father get full custody in Texas?
Yes. Texas law forbids gender preference (§153.003). Fathers win SMC when they document the mother's instability, substance abuse, or violence and their own caregiving record.
How much does it cost to file for custody in Texas?
Filing fees are roughly $300–$400. Total cost with an attorney depends on how contested the case is — uncontested agreements cost a fraction of a fought-out trial with custody evaluators.
Does full custody stop the other parent's visitation?
Usually not. Courts still order a possession schedule (sometimes supervised) unless contact endangers the child. SMC controls decision-making, not necessarily all access.