[TX] [TX] What are my chances of getting custody of my child?
What are my chances of getting full custody of my son?
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Based on what you've described, there are several strong factors in your favor when it comes to seeking full custody.
In Texas, the standard in any custody case — which applies even if you now live in Arizona — is what’s in the best interest of the child. Courts look at factors such as:
- Who is providing primary care (you clearly are).
- Stability and safety of each parent’s home.
- History of abuse, neglect, or instability.
- Emotional and physical involvement of each parent.
- Willingness to foster a relationship with the other parent, though this may be weighed differently if there is a valid protective order.
The restraining order you obtained for both you and your child is especially significant. If the court in Arizona granted it, it likely found credible concern for your safety and your child's. That record — especially if supported by specific instances of yelling, instability, or mistreatment — can weigh heavily in your favor.
The fact that he has not made any contact or effort to be involved recently also supports your claim for full custody.
One issue that may arise is jurisdiction. Under the UCCJEA, custody proceedings usually begin in the child’s home state — the state where the child has lived for the last six consecutive months. If you’ve been in Arizona for less time, you may still need to file in Texas, though Arizona may have emergency jurisdiction due to the restraining order.
I strongly recommend hiring a family law attorney in your area who handles interstate custody matters and protective orders. You can find local attorneys at www.avvo.com, where many offer free consultations.
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What are my chances of getting full custody of my son?
Lexi, Chatbot
I understand that you're concerned about custody of your son. Have there been any previous custody arrangements or legal proceedings in place?
No, but I did get a restraining order for me and my child from the father.
Lexi, Chatbot
Are there any specific reasons or concerns that make you believe full custody would be in the best interest of your son?
The father is not stable enough to raise our son, nor is he able to do it.
Lexi, Chatbot
Is there anything else the Family Lawyer should know before I connect you? Rest assured they'll be able to help with custody.
No ma'am.
Blake
Hello, my name is Blake and I am a licensed attorney. I will be happy to help you today. All I ask is that you please keep in mind that this conversation is for informational purposes only and does not establish an attorney-client relationship or constitute legal advice.
This entire discussion should be considered general legal information only and may not be relied upon as advice. You must hire an attorney if you need legal advice for your specific situation.
Your question is important, and I'll provide a helpful response as soon as possible. Feel free to reach out with any additional concerns or questions. Your satisfaction is my priority, and I'll make sure to communicate effectively and use a tone that you can understand. Together, we'll find the best solutions for your needs.
Let's get started. First of all, how long ago did this happen, and where was it located?
This all happened in Texas, but I left and moved here to Arizona, where I filed the restraining order for me and my son. If I'm not wrong, he still lives in Texas.
He has not tried to contact me nor my family to see his son, nor has he contacted his other daughter in the past week.
Blake
Understood, thank you. How would you like to see this situation resolved?
I want to get full custody of my child since I'm the one caring for him and paying for everything. Yes, the first four months the father paid for his things, but he wasn't there emotionally or physically.
He would yell at him to control his emotions when he would scream and cry, and he's just a baby.
Blake
Thank you for sharing this — I truly understand how difficult and emotional this situation must be for you, especially when you're trying to ensure your child's well-being and safety.
Blake
Based on what you've described, there are several strong factors in your favor when it comes to seeking full custody.
In Texas, the standard in any custody case — which applies even if you now live in Arizona — is what’s in the best interest of the child. Courts look at factors such as:
- Who is providing primary care (you clearly are).
- Stability and safety of each parent’s home.
- History of abuse, neglect, or instability.
- Emotional and physical involvement of each parent.
- Willingness to foster a relationship with the other parent, though this may be weighed differently if there is a valid protective order.
The restraining order you obtained for both you and your child is especially significant. If the court in Arizona granted it, it likely found credible concern for your safety and your child's. That record — especially if supported by specific instances of yelling, instability, or mistreatment — can weigh heavily in your favor.
The fact that he has not made any contact or effort to be involved recently also supports your claim for full custody.
One issue that may arise is jurisdiction. Under the UCCJEA, custody proceedings usually begin in the child’s home state — the state where the child has lived for the last six consecutive months. If you’ve been in Arizona for less time, you may still need to file in Texas, though Arizona may have emergency jurisdiction due to the restraining order.
I strongly recommend hiring a family law attorney in your area who handles interstate custody matters and protective orders. You can find local attorneys at www.avvo.com, where many offer free consultations.
Blake
Does this answer your question, and do you understand the answer completely? Please let me know if you have any follow-up questions.
If I get full custody, would I be able to get child support, or will that not help me win the case?
Blake
Yes, if you are granted full custody of your child, you can absolutely request child support from the father — and doing so does not negatively affect your chances of winning custody.
Child support and custody are legally separate issues. Custody is determined based on the child's best interests, and child support is calculated based on each parent's income and the child's needs.
Since you are providing all care and support, you have every right to ask for child support. The father's failure to contribute financially in the past does not prevent you from requesting it now.
Requesting child support does not harm your custody case — support is a legal obligation.
Once jurisdiction is established (Texas or Arizona, depending on timing and emergency circumstances), you can usually address custody and support in the same filing.
Does this answer your question, and do you fully understand the answer?
Blake
I hope I was able to answer your question.
Blake
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