How to File for Full Custody in Texas: Step-by-Step Guide

• 1. Confirm jurisdiction: the child must generally have lived in Texas 6 months; file in the child's home county (Ector County District Clerk for Odessa).
• 2. File the SAPCR petition (Suit Affecting the Parent-Child Relationship) — or a modification if orders already exist — requesting sole managing conservatorship. Filing fees run ~$300–$400.
• 3. Serve the other parent and, if there's danger, request a temporary restraining order the same day.
• 4. Temporary orders hearing (usually 14–30 days in): the judge sets who has the child during the case — this hearing often shapes the final result, so treat it like trial.
• 5. Discovery, custody evaluation, mediation — most West Texas courts require mediation before trial.
• 6. Final trial if no settlement — bench or jury (Texas is one of the only states allowing jury custody verdicts).

Texas Family Code §153.131 presumes joint managing conservatorship. Courts award SMC when the evidence shows: family violence (a credible finding removes the presumption entirely under §153.004), child abuse or neglect, drug/alcohol abuse, abandonment or long absence, criminal conduct, or an inability to co-parent that harms the child. Build the record with police reports, CPS findings, medical and school records, drug test results, and neutral witnesses — and use the best-interest (Holley) factors as your evidence checklist.

Costs: contested custody cases in the Permian Basin commonly run $5,000–$25,000+ depending on experts and trial. Timeline: 6–14 months contested. We handle SMC cases in Ector, Midland, and surrounding counties: (432) 366-6000.