How to Get Full Custody of a Child as a Father in Richmond, TX

By Chris Rice | January 15, 2026

Fathers can get full custody in Texas by establishing paternity and filing a SAPCR or modification seeking sole managing conservatorship. You must overcome the presumption of joint custody with strong, documented proof that shared custody would harm the child, such as abuse, neglect, substance abuse, unsafe living conditions, or severe alienation. Use records, witnesses, and expert evaluations.

Fathers in Richmond, TX often worry that getting full custody is impossible, especially when they hear that Texas courts usually prefer joint custody.

Many dads fear the system is stacked against them and that they will be limited to visitation no matter how involved or capable they are as a parent. These concerns become urgent when a child’s safety, stability, or well-being is at risk. Custody disputes in Fort Bend County can feel intimidating, confusing, and emotionally draining. Fathers may feel pressure to act quickly without fully understanding their rights. The stakes are high because custody decisions shape a child’s future.

The challenge is that Texas courts start with a presumption that joint managing conservatorship is best. To overcome that presumption, fathers must present strong, well-documented evidence showing that shared custody would harm the child. Mistakes in filing, lack of proof, or emotional reactions can seriously damage a case. Without the right strategy, even a devoted father can lose the opportunity to seek full custody.

In this article, you will discover how to get full custody of a child as a father in Richmond, TX, what evidence Fort Bend County courts require, and how a Texas child custody attorney can help you pursue full custody of your child.

Steps to Get Full Custody of a Child as a Father in Richmond, TX

You start by filing a Suit Affecting the Parent-Child Relationship (SAPCR) at the Fort Bend County courthouse in Richmond. This legal document asks the court to name you the sole managing conservator of your child.

If you’re unmarried, you must first establish paternity through an Acknowledgment of Paternity form or court-ordered DNA testing. Once you’re legally recognized as the father, you can file your custody petition and present evidence showing why sole custody serves your child’s best interests.

File at the right courthouse: Fort Bend County Justice Center handles all custody cases for Richmond residents
Pay filing fees: Expect to pay several hundred dollars in court costs when you submit your petition
Serve the other parent: The law requires you to officially notify them about the lawsuit

What Grounds Justify Sole Managing Conservatorship?

Texas judges need specific, serious reasons to award sole custody to one parent, which is why working with an experienced sole custody lawyer can make the difference. You must prove that shared custody would harm your child’s safety or well-being.

Abuse or Family Violence

Physical, sexual, or emotional abuse by the other parent is the strongest ground for sole custody. The court considers any violence against you or your child as evidence that shared decision-making is dangerous.

You need official documentation like police reports, protective orders, or Child Protective Services investigations. Hospital records showing unexplained injuries to your child also serve as powerful evidence.

Substance Abuse

Chronic drug or alcohol abuse that endangers your child creates grounds for sole custody. This includes illegal drug use, prescription drug abuse, or alcohol dependency that affects parenting.

Evidence includes DWI convictions, failed drug tests, witness testimony about drinking or drug use, and records from rehabilitation programs. Even legal marijuana use can be considered if it impairs parenting ability.

Neglect or Unsafe Conditions

Neglect means failing to provide basic needs like food, shelter, medical care, or supervision. Unsafe conditions include exposing your child to dangerous people, unsanitary living spaces, or hazardous environments.

Document neglect with photos of poor living conditions, medical records showing missed appointments, school records of frequent absences, and witness statements from teachers or neighbors.

Parental Alienation

Parental alienation happens when one parent systematically turns the child against the other parent. This includes badmouthing you to the child, interfering with your visitation, or coaching the child to reject you.

Save text messages, emails, and voicemails that show the other parent’s interference. Get statements from family members, friends, or therapists who witnessed this behavior.

Criminal Conduct or Mental Illness

Serious criminal convictions, especially violent crimes or crimes against children, can make a parent unfit for shared custody. Severe, untreated mental illness that affects parenting ability also qualifies.

Court records of criminal convictions and medical records documenting untreated mental health conditions serve as evidence. The key is showing how these issues directly impact the parent’s ability to care for your child safely.

What Evidence Do Judges Rely On?

Fort Bend County judges make decisions based on facts, not emotions or accusations. You need documented proof to support every claim you make about the other parent.

Police and CPS Records

Official reports from law enforcement or Child Protective Services carry the most weight in court. These agencies investigate abuse and neglect claims professionally and document their findings.

Request copies of all police reports involving domestic violence, child abuse, or welfare checks at your home. CPS records show any investigations into the other parent’s treatment of your child.

Medical and School Records

Your child’s medical records can reveal patterns of missed appointments, untreated injuries, or delayed medical care. School records showing frequent absences, behavioral problems, or poor academic performance may indicate instability at home.

Get records from your child’s doctor, dentist, therapist, and school counselor. These professionals often notice signs of neglect or abuse that parents miss.

Witness Statements

Neutral witnesses like teachers, doctors, neighbors, and family friends can testify about what they’ve observed. Their statements carry more weight than testimony from people who are obviously biased in your favor.

Ask witnesses to write detailed statements describing specific incidents they witnessed. Include dates, times, and exact descriptions of what they saw or heard.

Digital Communications

Text messages, emails, social media posts, and voicemails from the other parent can prove their instability, hostility, or poor judgment. These communications often reveal their true character when they think no one is watching.

Screenshot and save all digital communications. Never delete anything, even if it seems unimportant at the time. Print out social media posts that show irresponsible behavior or poor decision-making.

How to File for Full Custody in Fort Bend County

The legal process follows specific steps that you must complete correctly to protect your rights and your child’s interests.

Start a SAPCR or Modification

File an “Original Petition in a Suit Affecting the Parent-Child Relationship” if no custody order exists. If you already have a custody order, file a “Petition to Modify the Parent-Child Relationship” instead.

The petition must include specific allegations about why sole custody is necessary. General statements won’t work, you need detailed descriptions of incidents that prove your claims.

Serve the Other Parent

Texas law requires you to officially notify the other parent about the lawsuit through a process called service. A sheriff’s deputy or private process server delivers the legal papers to them personally.

You cannot serve the papers yourself, and you must prove to the court that service was completed properly. If you can’t locate the other parent, the court may allow service by publication in a newspaper.

Get Temporary Orders

Request temporary orders immediately after filing your petition. These orders establish custody, visitation, and child support arrangements while your case is pending.

Temporary orders prevent the other parent from taking your child out of state, changing schools, or making major medical decisions without your consent. They also ensure your child’s stability during the legal process.

Mediation Before Trial

Fort Bend County requires most parents to attend mediation before going to trial. A neutral mediator helps you try to reach an agreement without a judge making the decision.

Mediation is confidential, and anything discussed cannot be used against you in court if you don’t reach an agreement. However, any agreement you sign in mediation becomes a court order.

Final Hearing and Orders

If mediation fails, your case goes to trial where a judge hears evidence from both sides. The trial may last several days depending on the complexity of your case.

Present your evidence clearly and let your attorney handle the legal arguments. Stay calm and professional, even if the other parent makes false accusations against you.

How Paternity Affects Father’s Custody Rights

Unmarried fathers have zero legal rights in Texas until they establish paternity, so consulting a paternity lawyer should be your first step. You cannot seek custody, visitation, or even information about your child without legal recognition as the father.

Acknowledgment of Paternity

The easiest way to establish paternity is signing an Acknowledgment of Paternity (AOP) form. Both parents must sign this form, usually at the hospital when the child is born.

You can also complete an AOP later at the Texas Vital Statistics Unit or local registrar’s office. Once filed, this document legally establishes you as the father and gives you all parental rights.

DNA Testing and Court Orders

If the mother disputes paternity, file a petition asking the court to order genetic testing. The court will order all parties to submit DNA samples for comparison.

Once the test confirms you’re the father, the judge enters an order establishing paternity. This order gives you the same rights as married fathers, including the right to seek custody.

No paternity means no rights: You cannot file for custody without legal recognition as the father.
Marriage creates presumption: If you were married when the child was born, you’re presumed to be the father.
Time limits apply: Some paternity challenges have deadlines, so act quickly.

What Possession Schedules Apply in Texas?

Even with sole managing conservatorship, the other parent usually gets scheduled visitation time with your child, so a visitation rights attorney can help establish appropriate boundaries and schedules. Texas courts rarely deny all contact unless the parent poses a serious danger.

Standard Possession Order

The Standard Possession Order gives the non-custodial parent time on the first, third, and fifth weekends of each month. They also get alternating holidays and 30 days during summer vacation.

This schedule includes Thursday evening visits during the school year and extended time during school breaks. The exact times depend on how far apart you live from each other.

Expanded Standard Possession Order

The Expanded Standard Possession Order is now preferred in Texas. It gives the non-custodial parent slightly more time by allowing school pickup on Fridays and school drop-off on Mondays.

This schedule recognizes that children benefit from maximum contact with both parents when it’s safe. However, you can request restrictions if the other parent poses risks to your child.

Supervised Visitation

If the other parent has substance abuse problems, mental health issues, or a history of violence, the court may order supervised visits. This means another adult must be present during all contact with your child.

Supervision can occur at your home, the other parent’s home, or a designated facility. The supervisor ensures your child’s safety while maintaining the parent-child relationship.

How Child Support Works When Fathers Seek Full Custody

When you’re awarded sole managing conservatorship, the other parent typically pays child support to you, and a child support lawyer can ensure accurate calculation and consistent enforcement. Texas calculates support as a percentage of the paying parent’s net monthly income.

The percentage depends on how many children they support: 20% for one child, 25% for two children, and so on. The Fort Bend County Domestic Relations Office helps enforce these orders if payments are missed.

Child support covers basic needs like housing, food, clothing, and medical care. The money belongs to your child, not you, and must be used for their benefit.

What Mistakes Cost Fathers Custody?

Simple errors can destroy your credibility with the judge and ruin your chances of winning custody battles, especially in contested cases.

Harsh Communications or Social Media

Never send angry texts, leave hostile voicemails, or post negative comments about the other parent online. Judges view this behavior as evidence that you cannot co-parent effectively.

Keep all communications brief, polite, and focused on your child’s needs. Save every message the other parent sends you, but never respond with anger or insults.

Missed Parenting Time

If you have a visitation schedule, follow it exactly. Missing scheduled time with your child suggests you’re not truly committed to being their primary caregiver.

Document every visit with photos and notes about activities you did together. This creates a record of your involvement in your child’s daily life.

New Partner Conflicts

Introducing a new romantic partner too quickly can backfire in custody cases. Judges worry about how new relationships affect your child’s stability and your parenting priorities.

Wait until your custody case is resolved before bringing new partners around your child. Focus entirely on proving you’re a stable, devoted father.

Alcohol or Drug Use

Any current substance use can be used against you, even if it’s legal. The other parent’s attorney will argue that you cannot provide a safe environment if you drink or use marijuana.

Avoid all alcohol and drugs while your case is pending. One mistake can cost you custody of your child forever.

How to Strengthen Your Case as a Father

Take positive actions that demonstrate your commitment to being an excellent father and primary caregiver.

Follow Court Orders and the Do Right Rule

Obey every detail of temporary orders, even if they seem unfair. The Do Right Rule means always acting in your child’s best interest, regardless of what the other parent does.

Pay child support on time, attend all scheduled visits, and never speak negatively about the other parent in front of your child. This behavior shows the judge you can be trusted with sole custody.

Track Parenting Time and Care

Keep detailed records of every moment you spend with your child. Document meals you prepare, homework you help with, activities you attend, and medical appointments you handle.

Use a calendar app or journal to record this information daily. These records prove your active involvement in your child’s life and your readiness for primary custody.

Build a Stable Home

Create a safe, child-friendly environment with your child’s own bedroom, appropriate furniture, and necessary supplies. Judges look for consistency in your living situation and daily routines.

Stock your home with healthy food, age-appropriate toys, books, and clothing in your child’s size. Take photos showing how you’ve prepared your home for your child’s needs.

Use Experts When Needed

In complex cases, hire a custody evaluator or child psychologist to assess your family situation. These professionals provide neutral recommendations that carry significant weight with judges.

Mental health professionals can also help if your child needs counseling due to the custody dispute. Their reports often support the parent who prioritizes the child’s emotional well-being.

Father Custody FAQs in Texas

Can a Father Get Full Custody in Texas?

Yes, fathers can absolutely win sole managing conservatorship in Texas if they prove it serves the child’s best interests. Texas law treats mothers and fathers equally in custody decisions.

How Fast Can a Father Get Emergency Temporary Custody in Fort Bend County?

You can request emergency temporary orders if you believe your child faces immediate physical or emotional danger from the other parent. The court may issue such orders quickly after reviewing the evidence.

What Evidence Convinces a Judge to Award Sole Custody to a Father?

Documented proof of abuse, neglect, substance abuse, or criminal behavior by the other parent is most convincing. Official records from police, CPS, or medical professionals carry the most weight.

Can a Father Who Travels for Work Win Primary Custody?

Yes, your work schedule doesn’t automatically disqualify you from custody. You must present a detailed childcare plan showing how you’ll provide consistent, stable care when you travel.

Does a Child’s Preference Guarantee Custody for a Father?

No, while judges must consider the child’s preference if they’re 12 or older, the final decision is based on the child’s overall best interests, not just their wishes.

Can an Unmarried Father Get Full Custody Without Establishing Paternity?

No, unmarried fathers must establish paternity through an Acknowledgment of Paternity form or court-ordered DNA testing before they can seek any custody rights.

How Long Does a Custody Case Take in Fort Bend County?

Uncontested cases can be resolved in a few months, but contested custody battles often take 6-12 months or longer, depending on the complexity of the issues involved.

You Don’t Have to Fight for Custody Alone

As trusted father’s rights attorneys in Richmond, TX, our experienced team has helped countless fathers secure custody of their children through skilled legal representation and compassionate guidance.

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