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  1. #1
    Join Date
    Apr 2009

    Question Getting Sole (or Full) Custody in Texas

    My question involves a child custody case from the State of: Texas

    My ex-husband and I were both granted joint custody of our no 4-year old daughter. In 2007 while I was deployed, he took her from my mom, dumped her off to a couple only he knew while growing up, and went back to Texas. He stayed in Texas until October 07, and hadnt had any interaction with our child. He then moved in with this couple (Nov 07) and our daughter, started working and had almost no interaction with her. Two weeks later he moved out and saw her once until February 08. The entire time I had been deployed he had cheated on me, and was at the time being sued (and had warrants) by two parties.
    When I returned from deployment (Jan 08) and got my daughter, he called twice to say he'd be coming to see her, but has not. And he has not called again since Oct 08.
    I have reason to believe (no phyisical eveidence) that he got a high-school girl pregnant. He has been arrested before for drugs and was on probation (2005).
    What can I do to get sole or full custody of my daughter?
    What is the difference (if any) between sole and full custody?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Getting Sole (or Full) Custody in Texas

    You go to the court that issued the custody order and petition for a modification of custody.

    Sole custody means that you have sole custody. Depending on the state, that may be split into physical and legal custody. Having sole custody does not necessarily mean that the other parent doesn't have visitation. Texas child custody laws don't use those standard concepts of custody, and instead define three forms of conservatorship:
    • Sole managing conservatorship - A form of custody that gives all the rights of caring for a child's welfare, medical, educational and religious needs to the parent with whom the child lives (the "custodial parent). This is similar to sole custody.

    • Sole possessory conservatorship - A form of custody that is essentially the same as being a non-custodial parent. The sole possessory conservator only has rights that are extended during the course of a period of visitation or temporary custody. A sole possessory conservator generally has little to no input in relation to the child's medical, educational and religious needs. They do, however, attend to the child's welfare while the child is with them.

    • Joint managing conservatorship - A form of custody that is simillar to normal joint custody, in that the parents may share the rights to decisions regarding a child's welfare, educational, medical and religious needs, but they do not necessarily share those rights equally. Depending on the court's order, the rights may be shared equally or may be given to a single parent. The same applies to the determination of a child's permanent place of residence ("primary possession").

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