Can Dads Get Full Custody in Texas?

 Posted on October 30, 2025 in Fathers’ Rights

When fathers face divorce or separation, one of their greatest fears is losing time with their children. Many still believe that Texas courts favor mothers in custody disputes. In reality, the law no longer makes gender-based presumptions, although individual courts may still show bias. 

As of October 2025, Texas family law continues to evaluate each custody case based on the child’s needs rather than a parent’s gender. This means fathers can absolutely be awarded full custody — known legally as "sole managing conservatorship" — if it serves the best interests of the child. Whether you are a divorcing father or an unmarried dad seeking custody, having a strong, experienced McKinney father’s rights lawyer can make all the difference in your case. 

How Does Texas Define "Full Custody"?

In Texas, custody is referred to as "conservatorship." There are two main types:

Joint Managing Conservatorship (JMC)

Both parents share the right to make decisions about the child’s upbringing, such as education and medical care. Parenting time is usually divided between homes.

Sole Managing Conservatorship (SMC)

One parent has the exclusive right to make most decisions for the child. The other parent, called the possessory conservator, may still have visitation rights but has less decision-making authority.

When people ask about "full custody," they usually mean SMC. Texas courts will grant it only when evidence shows it best protects the child’s well-being.

When Can a Father Get Sole Managing Conservatorship?

A father can be granted full custody in a few situations, including when the mother is absent, unfit, or unwilling to care for a child. Under Texas Family Code § 153.131, the court presumes that appointing both parents as joint managing conservators is best for the child unless there is evidence that doing so would be bad for the child.

Examples that may lead a court to award sole custody to a father include:

• Evidence of abuse, neglect, or substance misuse by the mother

• A history of family violence or criminal behavior on the mother’s part

• Instability in housing, employment, or caregiving

• Interference with the father’s parenting time or attempts to alienate the child

To get full custody, a father must show that he provides a safe, stable, and supportive environment that allows his child to thrive.

Do Unmarried Fathers Have Custody Rights?

If a father was never married to the child’s mother, he must first establish paternity before pursuing custody. This can be done by signing an Acknowledgment of Paternity (AOP) or through court-ordered DNA testing. Once legal paternity is proven, the father has the same rights as a married parent, including the right to request conservatorship or visitation.

Establishing paternity gives a child’s father the right to ask for custody and visitation, and the responsibility to financially support his child. Without paternity, however, the father has no enforceable parental rights.

Contact a McKinney, TX Father’s Rights Lawyer

If you are a father fighting for full custody, you do not have to face it alone. The experienced Collin County, TX father’s rights attorneys at The Ramage Law Group have over 50 years of combined experience protecting fathers’ rights. Call us at 972-562-9890 so we can talk about your case and how you can protect your relationship with your child.