A court’s initial presumption is that joint conservatorship be the decision for minor children in a divorce. However, the determining factor in the case of custody rights is always the best interests of the children. Parents with a history of family violence will often remove the presumption of joint conservatorship toward sole conservatorship as a more favorable choice. A competent family law attorney can help you avoid mistakes when pursuing sole conservatorship of your child.

What Factors Does the Court Consider When Determining Custody?

The consideration for appointing one parent as the sole managing conservator involves many factors:

• A child’s physical and emotional needs

• Physical or emotional danger posed to the child

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A child's biological parents have certain rights, including their right to be involved in the child's life and make decisions about the child's upbringing. However, there are circumstances in which a parent may give up those rights or lose parental rights involuntarily.

Most of the time, a parent’s rights are terminated in order to allow an adoption to proceed. A child can only have two parents under Texas law, so sometimes the termination of parental rights is needed to allow adoptive parents to adopt a child. However, Texas courts require a very high degree of proof before terminating parental rights.

A Parent May Give Up His or Her Rights Willingly

Sometimes, a parent voluntarily gives up his or her parental rights. A parent who knows that he or she cannot give a child the life that the child deserves may make the selfless decision to put the child up for adoption. This decision is never easy, but sometimes it is in the child's best interest to do so. A man who finds out that he is not a child's biological father may also file a parental rights termination case.

A family court judge will make the final decision regarding the termination of parental rights and adoption.