“By default, a child has two parents, meaning that two parents automatically have the right to spend time with the child and make decisions regarding the child, and two parents must support and care for the child. When getting these rights and duties on papers in a divorce or custody dispute, the law strongly presumes that the parents should be “joint managing conservators,” meaning they both have significant decision-making rights and visitation time with the child. A lot of the time, when a parent says they want “full custody,” what they mean is that they want to be the parent who designates where the child primarily lives and goes to school. After talking for a few moments with a parent asking for “full custody,” I usually find out that they are okay with the other parent having visitation and certain decision-making rights and that they really want to be the “primary conservator.” It is common for one parent to be the “primary conservator” who designates where the child lives and therefore attends school. However, it is far less common for a parent’s rights and periods of visitation to be terminated or considerably limited. In determining whether to give one parent sole decision-making rights and restricting or denying one parent visitation time, courts are going to consider factors like a history of violence, threats of violence, substance abuse, abandonment, etc. If a parent wants to be in the child’s life and does not pose a legitimate safety concern, the court will appoint both parents as joint managing conservators. It is up to the parent requesting “full custody” to prove that the other parent’s rights should be restricted, which can often be an uphill battle. Talk to an attorney about the facts of your case to help figure out what is best for you and your child. ”
