If you have significant disagreements with your spouse in terms of how to raise your children, you might aim for sole custody. While many divorces end with one spouse having different responsibilities and rights than the other, it is relatively rare to cut one parent out entirely.
The courts must consider a wide range of factors when determining or approving your parenting plan. This article will look at some of those factors in context.
General child custody overview
Texas courts comply with a standardized framework when it comes to child custody, or, in legal terms, conservatorship. Among other things, this helps reduce the complexity of interstate custody battles.
The law also tends to favor your decisions if you are able to develop a parenting plan in cooperation with your soon-to-be ex. The presumption that fit parents act in the best interests of their children has a major role in this regard.
If it turns out that you cannot reach an agreement with your co-parent, you might have to resolve the issue in a more formal manner. In these cases, the court may eventually issue an order naming you joint conservators.
The order would have various elements that define your parental relationship. For example, it would name which of you has the right to determine where your children live.
The law states that joint conservatorship does not require equal, or even nearly equal, possession and physical access. Either you or your spouse could end up having more time with and more control over your kids. Even in the event that you do not have an opportunity to completely eliminate what you believe is a bad influence, you could, in some cases and often with significant effort, be able to secure meaningful sole rights and privileges.