A parent who files for divorce in Texas negotiates terms of agreement that are relevant to his or her children’s needs. In some cases, a concerned parent might believe that it would be best if the court were to grant him or her sole managing conservatorship, which is the term used in this state for a custodial parent or guardian. If a parent requests sole managing conservatorship in a divorce, the court must be convinced that this ruling would serve the children’s best interests.
There are numerous reasons why a family court judge might grant sole managing conservatorship in a divorce. Any parent who is considering making this request will want to be prepared to demonstrate legitimate cause. It is also possible that such a request might be made after the court has already issued a child custody order, in which case, the parent in question would be seeking modification of that order.
Children’s safety is always a top priority in child custody proceedings
Many Texas parents have requested sole managing conservatorship in the past when they had reason to believe that their children’s other parent was neglectful or abusive. The court always has child safety in mind when making decisions regarding custody in a divorce. This is one of the most common issues that might compel a judge to grant one parent this type of custody arrangement.
The court reviews each case by its own merits
An additional reason for requesting sole managing conservatorship of children in a Texas divorce would be evidence that the other parent has a substance abuse problem. Also, if one parent becomes incarcerated, it would make sense for the other parent to make this request. If a parent is unsure how to file a custody petition, it can prove invaluable to meet with an experienced family law attorney before heading to court.