What Should I Do If I'm Awarded Full Custody in Texas?
Reviewed by Antonio G. Jimenez, Esq.
Florida Bar No. 21022
Quick Answer
If awarded sole managing conservatorship in Texas, you'll need to arrange childcare, potentially modify child support (you may receive it instead of paying), and create a parenting schedule that works with your employment. Start researching after-school programs, backup care options, and employer flexibility now while the case is pending.
What Does Full Custody Mean in Texas?
Texas doesn't use the term "full custody" legally. Instead, the court may name you sole managing conservator, giving you the exclusive right to determine the children's primary residence and make major decisions about education, healthcare, and extracurricular activities. Your ex would likely become a possessory conservator with visitation rights, unless the court finds contact would endanger the children. Under Tex. Fam. Code § 153.132, the sole managing conservator has the exclusive right to designate the primary residence without geographic restriction unless the court orders otherwise.
According to U.S. Census data, approximately 20.1% of custodial parents are fathers, though this number has been steadily increasing. In Texas specifically, courts have shown increasing willingness to award primary custody to fathers when circumstances warrant it.
How Will Child Support Change?
If custody flips, so does child support. Under Texas child support guidelines, the non-custodial parent typically pays 20% of net resources for one child and 25% for two children. Use our Texas child support calculator to estimate what you might receive. The $2,300 you currently pay would stop, and your ex would owe support based on her income. Texas courts can also order the non-custodial parent to maintain health insurance for the children.
What Are Your Childcare Options as a Single Dad?
This is where preparation matters most. Consider these practical solutions:
After-school programs: Many Texas elementary schools offer after-school care through programs like the YMCA, Boys & Girls Clubs, or school-sponsored extended day programs. Costs typically range from $200-$600 per month per child.
Employer flexibility: Under the Family and Medical Leave Act, you may be entitled to unpaid leave for family adjustments. Additionally, many employers offer flexible scheduling or remote work options. Have this conversation with HR before custody changes.
Backup care services: Companies like Bright Horizons partner with many employers to provide emergency backup childcare. Check your benefits package.
Local support networks: Single parent groups, church communities, and neighborhood cooperatives can provide backup support. The Texas Attorney General's office also maintains resources for custodial parents.
What Steps Should You Take Now?
While your case is pending, document everything and prepare:
- Research childcare costs and availability in your area
- Review your work schedule flexibility options
- Create a proposed parenting schedule that accounts for school, work, and extracurriculars
- Review your Texas divorce checklist to ensure all modifications are properly filed
- Calculate your new budget including potential child support income instead of outflow
According to the Texas Office of Court Administration, custody modifications take an average of 4-8 months to finalize, giving you time to prepare.
Should You Consult an Attorney?
Absolutely. Since you already have attorneys handling the modification, discuss childcare logistics with them. They can help structure the custody order to accommodate your work schedule, potentially including provisions for right of first refusal (where you get the chance to care for the kids before your ex uses a babysitter). If you need additional legal guidance, find a family law attorney who specializes in father's rights cases.
For more information on custody arrangements in your state, review our comprehensive guide on Texas divorce laws and Texas custody statistics.
Legal Disclaimer
This information is for educational purposes only and does not constitute legal advice. Laws vary by jurisdiction. Consult a licensed family law attorney for advice specific to your situation.
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