
In Texas, “sole custody” means being appointed the sole managing conservator, giving one parent the exclusive right to make key decisions for the child. Courts in Travis and Williamson Counties typically favor joint arrangements, so obtaining sole custody requires strong evidence that it’s in the child’s best interest. If you’re seeking full custody due to safety concerns, instability, or lack of involvement from the other parent, Law Offices of Sachee Nahata Arroyo, P.L.L.C. provides the focused legal strategy you need to advocate for your family’s future.
Pursuing Sole Custody in Texas? We’re Here to Help
Getting sole custody in Texas isn’t easy, but with the right legal guidance, it is possible. We help parents across Austin, Pflugerville, and the surrounding areas build strong, evidence-based cases for sole managing conservatorship.
Understanding Your Rights and Options
Texas courts start with the assumption that both parents should share custody rights. We explain when and how that presumption can be challenged, so you know exactly what it takes to pursue sole custody successfully.
Navigating Local Court Expectations
Travis and Williamson County judges expect well-prepared, well-supported petitions. We know what local courts look for and structure your case to meet those expectations and avoid unnecessary delays.
Protecting Your Child’s Well-Being
Above all, we fight for what’s best for your child. Whether it’s emergency relief, supervised visitation for the other parent, or a long-term custody order, our team is committed to securing a safer, more stable future.
Factors Texas Courts Consider in Sole Custody Cases
✅ History of abuse, neglect, or family violence
✅ Substance abuse or addiction issues
✅ Parental involvement with the child
✅ Ability to provide a stable, safe home environment
✅ Mental or physical health of each parent
✅ History of criminal behavior or legal trouble
✅ Evidence of parental alienation or interference
✅ Willingness to co-parent and support the child’s relationship with the other parent
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✅ Child’s emotional, physical, and educational needs
✅ Child’s preference (typically considered if the child is age 12 or older)
✅ Any past violations of existing custody or visitation orders
Sole Custody FAQs
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How to file for divorce in Austin, Texas?To file for divorce in Austin, you must have lived in Texas for at least six months and in Travis County for at least ninety days. You must first file a Petition for Divorce with the district clerk’s office, then serve your spouse, and follow court procedures for property division, custody, and support.
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What is the difference between contested and uncontested divorce?A contested divorce occurs when spouses disagree on divorce terms like property division, child custody, or support. A contested divorce requires legal intervention. On the other hand, an uncontested divorce is a situation in which both spouses agree on all terms, making the process faster and less expensive.
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How to file for divorce in Texas without a lawyer?You can file pro se (on one's own behalf) by submitting a Petition for Divorce, serving your spouse, and completing court-required documents. That said, errors in paperwork can cause delays and drag the process out, so we highly recommend legal guidance.
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Can my attorney fees be paid by my spouse?In some cases, courts in Travis and Williamson Counties may order one spouse to pay the other’s attorney fees. Judges typically consider factors such as financial disparity between spouses, whether one party is at fault for the breakdown of the marriage, and whether either side acted in bad faith during the divorce. However, it’s best to assume you’ll be responsible for your own legal costs and plan accordingly.
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How is property divided in a Texas divorce?Texas is a community property state, meaning marital assets are generally divided equally unless a judge finds a different division is fair. Separate property (owned before marriage or received as a gift/inheritance) is not divided.
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How much does a divorce cost in Texas?The cost of a divorce in Texas varies from county to county. Filing fees for both Travis and Williamson counties are typically around $350, with additional costs for service fees, mediation, and attorney representation. Uncontested divorces are far less expensive, while contested cases can cost thousands of dollars depending on the complexity of the case. Disclaimer: For the most accurate and up-to-date filing fees, please refer to the official website of your local county court.
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Can I get spousal support (alimony) in Texas?In Texas, spousal support (or spousal maintenance) is not automatic. A spouse must prove they cannot meet basic financial needs and meet criteria, such as a marriage lasting 10+ years, disability, or being a caregiver for a dependent.
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How can I make my divorce process smoother and less stressful?Here are some of our top recommendations for making your divorce process smoother and less stressful: Stay organized – Keep track of important documents, deadlines, and financial records. Communicate clearly – Approach discussions with your spouse calmly and focus on practical solutions. Consider mediation – Avoiding court can save time, money, and emotional strain. Know your rights – Understanding Texas divorce laws helps you make informed decisions. Get legal guidance – Having an experienced divorce attorney ensures the process is handled correctly and protects your interests.
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How can I limit the cost of my divorce?Divorce can quickly get expensive, but there are ways to keep costs under control. Pursue settlement when possible – Resolving issues through mediation instead of litigation can significantly reduce the cost of the divorce. Organized is key – Gather financial documents, records, and information ahead of time. Choose your battles wisely – Don’t spend thousands fighting over small, replaceable items. When possible, consider an uncontested divorce – If you and your spouse can agree on terms, the process is much faster and more affordable. Use your attorney strategically – Don’t use your lawyer as a therapist. Keep communication focused on legal issues to avoid unnecessary billing.