Custody in El Paso Divorce Cases: A Primer - Page 5

Sole Managing Conservatorship (Cont'd)

Courts will not impose Sole Managing Conservatorship unless the person trying to become Sole Managing Conservator presents convincing evidence of some fact to justify it.

Common examples include family violence, child abuse or neglect, or involvement in criminal activity.

Texas divorce law presumes that Joint Managing Conservatorship is in the child's best interest. In order to get Sole Managing Conservatorship, a parent must overcome this legal presumption with evidence - even if the divorce is uncontested.

Many parents believe that they should have "sole custody" of their child for reasons that will not necessarily hold up in court. Examples include:

  • I'm the better parent
  • He / She is a lousy parent
  • His / Her boyfriend is a bad person / criminal
  • I make more money than he / she does
  • I am more educated than he /she is
  • My employment history is more stable than his / hers
  • He / She has emotional problems

It is not the divorce court's job to take children away from parents who are less than ideal. Unless the behavior of the other parent is extremely bad, a person seeking to divide custody in a divorce proceeding should not expect to become Sole Managing Conservator.

Each case requires its own evaluation by an experienced divorce and custody lawyer. Jim Jopling is a divorce lawyer in El Paso, Texas who has litigated custody disputes. Feel free to contact the office if you would like a consultation on your disputed custody issue.

Jim K. Jopling
Attorney at Law
747 East San Antonio, Suite 103
El Paso, Texas 79912

(915) 541-6099

Toll Free Facsimile:
(866) 864-6854