On what grounds will full custody be given?

I have 2 children that I share custody to with their father. Our schedule and child support amount was never done legally, rather just agreed upon. It has worked for us up until this point. Recently the father said he was going to fight for full custody of the children because I, the mother, have moved several times within the past couple of years, as single mothers have to do sometimes. I have never left the city or made changes to our schedule or the children’s routine because of the moving. I have moved in the past because their father kept our family home when we split and the children and I had to move. Also, because I rent my homes and sometimes have to leave (I cannot afford to own). Can the father take full custody on these grounds?

Asked on September 25, 2012 under Family Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Generally under the laws of all states in this country full physical and legal custody ia awarded to one parent over another when there are minor children under the following circumstances:

1. when one parent agrees to such;

2. when one parent vanishes and cannot be found;

3. when one parent is incarcerated in jail or prison;

4. when one parent is deemed by the court to be an unfit parent and the safety of the minor children warrants that such parent not have custody of them. Such occurs when there is domestic abuse, drug abuse or other factors presenting a danger to the children.

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