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How do i obtain sole custody in an uncontested divorce?

San Antonio, TX |

I do not want any child support or anything just full custody.

Attorney Answers 4


Each case is fact specific, more informaton is needed to properly answer your question. That said, would spouse be willing to give you sole custody? Pursue that avenue. I do suggest you speak with a local attorney familiar with custody law to explore your options. Best of Luck to you.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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In Texas, almost every judge is going to order child support. It might be minimum wage child support, but most judges won't sign a Final Decree of Divorce unless it contains a provision for child support with a wage withholding order through the San Antonio Disbursement Unit.

Also, most decrees are JOINT MANAGING CONSERVATORSHIP in the State of Texas. It is PRESUMED. If you want Sole Custody in the State of Texas then you have to rebut the presumption.

Why do you want sole custody? Lay people ask for sole custody but as an attorney I have no idea what that means. There are these things called - rights and duties - I presume that you want most of the rights and duties of a conservatorship. That is what is really important in the State of Texas.
I'm assuming that you have no idea what I'm talking about. Most of the people that I meet with don't have any idea what "sole custody" means and their ideas about the laws of the State of Texas are out-of-date. The Texas Legislature has made many changes in the past few years so you really need to meet with a family law attorney and discuss your desires in person.

Please hire a family law attorney to help you. If it is truly uncontested it won't cost that much. Look on this website and find an attorney in San Antonio that can help you. With minor children a divorce is not that simple.

I hope this has been helpful & that I've not totally confused you.

Good luck!

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In an uncontested divorce would you would request the right to be the primary custodial parent to the children. However, this is not automatically assumed when you file your petition. It is possible that asking to be the primary custodial parent could lead to the divorce changing from uncontested to contested. I am a San Antonio Attorney, please contact me if you would like to set up a free consultation.

This answer does not establish a attorney-client relationship. If you wish to schedule a free consultation then please contact me at my office by calling 214.675.9313 or emailing at Please visit my Avvo profile for more information.

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You'd have to prove it's in the child's best interest for you to have sole custody unless your soon to be ex agrees. Courts will otherwise grant him joint managing conservatorship which gives him equal rights with you with the exception of child support and determining the kid's primary residence.

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