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Protecting What Matters Most
Protecting What Matters Most
Sole custody is one of the most misunderstood custody arrangements (partly because it is less common than joint custody). Many clients misuse the term when they come to speak to us for the first time.
Whether you’re the one seeking sole custody or your spouse is, it’s important to understand what that term means and what is involved in establishing it.
Evans Family Law Group (in Austin and Bastrop) can help you explore or pursue sole custody. You can contact us now for a consultation, or read on to learn more about sole custody arrangements.
To understand sole custody, you have to understand the different parental rights that exist within any given custody arrangement.
The first term you need to know is “primary conservator.” This status goes to the parent the child lives with the majority of the time. You can be the primary conservator without having sole custody, because you can still be “primary” even if your ex-spouse has custody some of the time. In fact, primary conservatorship is what most people mean when they refer to sole custody.
The second is “legal custody.” This is the right to make decisions for the child, including educational, religious, and medical decisions. Legal custody does not touch on where the child lives or when the child spends time with either parent. It is very rare for a parent to receive sole legal custody.
The third term is parenting time or visitation. That is time the child spends with either parent. A parent with sole custody may still need to grant the other parent visitation time.
“Sole custody” typically means you have both primary conservatorship status over your child and that you are the only one with the legal right to make decisions for your child. It may also mean the other parent has visitation time, but must have that time supervised by an approved third party in order to keep the child safe.
James W. Evans is a board-certified family law attorney and the founder of Evans Family Law Group. With over 25 years of experience, he has built a reputation as a trusted advocate for Texas families navigating divorce, custody, and complex family law matters.
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Pursuing sole custody takes a lot of time, resources, and evidence. It only makes sense to do so when you can prove the other parent has abused or neglected the child, or can prove the other parent has a substance-abuse problem, or can prove the other parent has a severe and untreated mental illness that threatens the life and wellbeing of your child. You also may be able to seek sole custody if the other parent has abandoned the marriage, or if the other parent is incarcerated.
If none of the above is an issue, you can and perhaps should focus on becoming the primary conservator (if that is what you want to do), and you do that mainly by demonstrating your involvement in your child’s life. Even then, you should keep in mind that courts are going to want to keep the other parent’s time as close to 50% is as physically feasible for your family.
If the other parent has less than 40% time with the child then he or she most likely will pay the full child support amount. If the other parent has more than 40% time then the child support amount typically would be prorated: the courts take what you’d pay and what the other parent would pay, and then one parent pays the other the difference.
Resist the urge to accuse the other parent of wanting more time because of child support issues. It’s counterproductive, and that money will go to the child one way or the other. It’s better to focus on creating a schedule that’s feasible for both parents.
As we mentioned, there are good, legitimate instances in which seeking sole custody makes sense. If you’re facing one of those scenarios you will need help making your case before the court. Contact Evans Family Law Group today to get started.
Client Reviews
2 months ago 
I had a great experience working with Jimmy Evans on my divorce case. He provided excellent counsel and always focused on getting me the best results. He was accommodating and made sure I understood each step of the process. His paralegal, Dina, was also wonderful! She kept communication clear and timely, and I could always count on her for quick updates and answers. The firm as a whole was efficient, professional, and supportive, which made a difficult process much easier to navigate. I highly recommend Jimmy Evans and his team.
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Evans Family Law has been wonderful to work with. I am grateful that I found them and hired them for my legal needs!
He took the time to talk to me and answer questions. I would recommend Jimmy to anyone seeking help with their legal needs.
Thank you Evans Family Law!
I had a great experience with Evans Family Law Group! Their legal team took time to clearly answer my questions and make sure I knew what was going on with my case. They were super easy to work with and knew exactly how to handle all the various obstacles that popped up over the course of my divorce. I am very happy I worked with them and would absolutely recommend them to anyone else!
The Evans Family Law Group was patient with me, protected my interests, and kept me inline. They responded in a timely fashion and provided updates with each step along the divorce process. Their forethought in decree language saved me.
Evans Family Law Group was the first business that didn’t quote me an outrageous number while also telling me that I may need to pay more later. Jimmy gave me a flat rate that was significantly lower than the multiple other firms I called prior. He was also very quick with communication and even sent a description of every form he sent so I would understand the whole process better. Dina was also incredible as she as she was able to notarize the forms remotely and kept me updated through every step of the process. To my surprise, Jimmy and Dina were able to make this process so smooth and simple and I cannot be more grateful. Thank you both very much!
Great communication and very empathetic!
I had a great experience working with James Evans. He was extremely responsive, easy to work with, and able to meet my tight timeline without sacrificing quality. I appreciated his clear communication and attention to detail throughout the process.
I would like to take this opportunity to thank the Evans Family Law firm for working with me on my extended divorce process. Giving special attention to Ms. Caitlin McGregor. Always the consummate professional. I truly felt well represented with not only her knowledge of family law but she took time to be sure I felt heard. She always kept me well informed, which helped tremendously with the anxiety that came along with the seemingly endless divorce.
She showed real concern which kept me on a positive note in what has been a very dark time for me and proved to be a great negotiator on my behalf. Not to forget she was also working with an awesome team of paralegals and professionals. Thank you all for your hard work and persistence in this case.
I had a great experience working with Jimmy Evans on my divorce case. He provided excellent counsel and always focused on getting me the best results. He was accommodating and made sure I understood each step of the process. His paralegal, Dina, was also wonderful! She kept communication clear and timely, and I could always count on her for quick updates and answers.
I have had an excellent experience with the staff of Evans Family Law. They have all been very friendly and efficient with my case, and have always been honest and accountable in all situations. I would employ them again for any family law needs I may have. I’m very pleased with their work.
Jimmy has an encyclopedic knowledge of the law, extensive experience with a wide range of cases, and as a result is someone I could completely trust to know what he was doing. He was always willing to explain why certain issues that were under dispute were/were not likely to be upheld by a judge and gave me a very honest sense of what to expect before a judge, with respect to anything I asked him.
He took the time to talk to me and answer questions, and was an ethical advocate who was clearly seeking the best outcome for the children. Rarely do I post reviews, but I chose him based on ones I read by people equally unfamiliar and scared by family law, divorce, and custody as I was; and he was a gem in guiding us through a difficult time. I’m so grateful to have found him, and recommend him as one of the most ethical and professional people I’ve ever worked with.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney James Evans, who has more than 20 years of legal experience as a family law attorney.
At Evans Family Law Group, we combine our in-depth knowledge, strategic approach, and commitment to you to achieve optimal results.
Effective in and out of the courtroom with 17 years in practice and over 100 jury trials to our credit.
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