How a Mother Can Lose a Custody Battle in Texas

Parents may assume that courts deciding custody disputes favor mothers over fathers. However, Texas law requires courts to take a gender-neutral approach in custody decisions, determining a custody arrangement that best serves a child’s interests without consideration of the children’s or a parent’s gender. As a result, mothers can and do lose custody battles to fathers in Texas. Keep reading to learn how to stay strong in a custody battle and how an experienced child custody attorney could help.

Ways Mothers Can Lose Custody Rights

A mother might temporarily or permanently lose custody rights to her child in certain circumstances, such as when she demonstrates an inability to maintain a safe environment for her child. For instance, if the mother is abusing drugs or alcohol, the court may determine that she is unfit to care for the child. In such a situation, the other parent may file a modification case to change the custody order.

Reasons Why a Mother Might Lose Custody

Various circumstances may convince a judge to temporarily or permanently withdraw a mother’s custody rights. Some of the reasons why a mother might lose custody include:

• Physical or emotional/mental abuse of her child: Courts may temporarily withdraw a mother’s custody rights or terminate a mother’s parental rights in response to established incidents where the mother physically or emotionally abused her child. 
• Child neglect: Courts can also temporarily or permanently terminate a mother’s custody rights following incidents of child neglect, including failing to provide for a child’s physical, medical, educational, or emotional needs. 
• Untreated mental illness/substance abuse: Courts may find a mother unfit to exercise parenting duties due to untreated mental illnesses or drug/alcohol addiction since severe mental illness or substance abuse can interfere with a mother’s ability to care for her child. 
• Domestic violence: Courts may grant a child’s other parent sole custody in response to incidents of domestic violence committed by the mother against the child’s other parent or the mother’s violation of restraining orders protecting the child’s other parent. The court may find that domestic violence or violations of restraining orders demonstrate the mother’s inability to co-parent.
• Interfering with her child’s relationship with their other parent: Courts may restrict or remove a mother’s custody rights in response to her efforts to interfere with the relationship between her child and the child’s other parent, including through refusing to drop off the child for scheduled parenting time, refusing to allow the child to call/text/email with their other parent, or disparaging the other parent in front of their child. 
• Violation of court orders: A court can change a custody arrangement as a sanction for a mother’s violation of custody or restraining orders, as repeated violations may demonstrate a mother’s unfitness to parent or contempt of the court’s authority to manage the custody arrangement for the child’s best interest. 

Types of Custody in Texas

In Texas, the legal term for child custody is conservatorship. A person with court-ordered custody of a child is a “conservator.” There are three types of conservatorships:

• Joint managing conservator
• Sole managing conservator
• Possessory conservator

Under Texas law, both parents should be named joint managing conservators, except under specific circumstances, such as when one parent has a history of violence against the other parent. Under a joint managing conservatorship, parents share decision-making duties, including about the child’s healthcare and education. However, just because parents are joint conservators does not necessarily mean the child’s time will be divided equally among both parents. Under a joint conservatorship, the “custodial parent” usually has say over where the child lives, and the child will reside with that parent. The other parent is the “non-custodial parent.” 

Under a sole managing conservatorship, one parent has the exclusive right to make decisions for the child. The other parent is usually named the possessory conservator, which means they have parental rights but typically do not have the final say in decisions. Judges may name a parent a sole managing conservator when the other parent:

• Has a history of family violence
• Abuses or neglects the child
• Abuses drugs or alcohol 
• Is absent from the child’s life

Courts recognize that children thrive when they have both parents involved in their lives. 

What Happens When a Mother Loses Custody

The following steps after a mother loses custody rights will depend on the circumstances and the type of custody arrangement. There are two main types of custody: legal custody (the right to make important decisions about the child’s upbringing) and physical custody (the right to have the child live with you). These types of custody can be held solely by one parent or jointly shared between both parents.

If the court terminates the mother’s parental rights entirely, she will lose all legal and physical custody rights permanently. This is the most severe outcome and is typically only done in cases of abuse, neglect, abandonment, or other extreme circumstances.

Even if a mother has lost physical custody (meaning the child no longer lives with her most of the time), she may still retain some joint legal custody rights, such as the ability to collaboratively make decisions with the other parent about the child’s education, healthcare, religious upbringing, and extracurricular activities. She may also be granted generous visitation rights, allowing her to spend substantial time with her child regularly, even if she is not the primary physical guardian.

If a mother has lost all custody rights but her underlying parental rights remain intact, she can petition the court to modify the custody arrangement if there has been a significant change in circumstances. To succeed in a motion to alter custody, a mother must present compelling evidence that she has thoroughly addressed the issues that led to the loss of custody, such as by completing mental health or substance abuse treatment, maintaining a stable residence and income, complying with all court orders, and demonstrating improved parenting capabilities.

The court will carefully consider whether increasing the mother’s legal and physical custody rights would be in the child’s best interests, taking into account factors such as the child’s bond with each parent, the child’s adjustment to home and school, each parent’s ability to meet the child’s needs, and the level of conflict between the parents. 

Child Custody Modifications in Texas

As children grow and family circumstances change, it may become necessary to modify an existing child custody order. In Texas, custody arrangements can only be modified if the change is in the child’s best interests and one of the following applies:

• The child’s or parent’s circumstances have substantially changed since the original order.
• A child 12 or older expresses a preference for a change in court.
• The custodial parent voluntarily relinquishes custody.

Either parent can seek a modification, but grandparents may only do so if both parents are deceased. The modification process can be uncontested, where both parents agree to the changes, or contested, requiring mediation or court intervention. The timeline varies depending on the case complexity.

How Balekian Hayes PLLC Can Help

The experienced family law attorneys at Balekian Hayes understand the challenges of modifying child custody arrangements. We are dedicated to protecting your parental rights and your child’s well-being. Our team can help you:

• Determine if your situation meets the criteria for modification
• Take on the legal process, whether uncontested or contested
• Advocate for a custody arrangement that benefits your child
• Resolve your case as efficiently as possible
• Find affordable legal solutions tailored to your needs

How Do You Stay Strong in a Custody Battle?

Custody battles can take a significant emotional, physical, and financial toll on parents. If you are a mother at risk of losing custody rights or a father seeking sole custody, you can prepare by:

• Understanding applicable custody laws and court procedures so you know what to expect: Research the custody laws and court processes in your area to familiarize yourself with the criteria used to determine custody, the steps involved in proceedings, and what you’ll need to do to present your case effectively
• Obtaining experienced legal representation who can advocate for your and your child’s interests: Find a skilled family law attorney with experience in custody matters to guide you through the process, protect your rights, and argue powerfully on behalf of you and your child’s best interests.
• Building a support network among other family members and friends or seeking help from mental health professionals or support groups: Reach out to trusted loved ones for emotional support and practical help, consider joining a support group for parents in similar situations, and don’t hesitate to seek professional counseling if needed.
• Prioritizing your mental and emotional well-being by developing healthy coping strategies and sticking with mindfulness practices, physical exercise, and a healthy diet: Take care of yourself during this challenging time by managing stress through mindfulness, engaging in regular exercise, eating well, and avoiding unhealthy coping mechanisms like substance abuse.
• Keeping detailed records and documentation related to your case: Maintain organized records of all legal documents, court orders, communications with the other parent, and any incidents or concerns that arise, as this information may be valuable evidence in your case.
• Focusing on your child’s needs and best interests: Remember that the ultimate goal is to ensure your child’s well-being, so prioritize their physical and emotional needs, maintain stability and consistency in their routine when possible, and avoid speaking negatively about the other parent in front of them.
• Being flexible and open to compromise when appropriate: While it’s important to advocate for your desired outcome, be willing to consider compromises or alternative arrangements that could work for your family, as long as they align with your child’s best interests.
• Staying patient and persistent throughout the process: Custody cases can be lengthy and sometimes involve setbacks, so try to remain patient, stay focused on your goals, and persist in your efforts to reach a positive resolution for you and your child.

Contact Balekian Hayes, PLLC, for Experienced Legal Support

When you find yourself in a custody battle in Texas, you need seasoned, aggressive legal representation to protect your rights. Contact Balekian Hayes, PLLC, today for a confidential consultation with a child custody attorney and learn how our firm will fight for your custody rights and advocate for your child’s best interests.