Parents wanting to win full custody of their child(ren) throughout a custody battle needs to be prepared for what could prove to be a grueling fight. Full custody is different from joint custody in that full custody arrangements awards both physical and legal custody to one parent instead of both parents.
Prior to you deciding to seek full custody, nevertheless, you need to acknowledge what your motive is. Do you want full custody as punishment to your ex, or do you believe that your former partner is incapable of sharing custody of your child(ren)?
Family courts throughout the US typically agree that joint custody is the best compromise for the child(ren). This agreement allows the child(ren) to see both parents regularly. Barring your ex-partner posing a serious risk to your child(ren) and has a history indicating a habit of threatening behavior, you need to examine your objective to gain full custody.
Whereas your ex might have wronged you, gaining full custody to stay away from interacting with your former partner again is not reasoning for full custody.
Obtaining Full Custody
Full custody, sometimes known as sole custody, designates one parent as the custodial parent. The other parent usually receives generous court-defined visitation rights. Courts generally grant visitation to the non-custodial parent unless it goes against the child(ren)’s best interests.
Factors to Consider in Pursuing Full Custody
Achieving full custody in a legal battle is challenging, as courts typically prioritize both parents’ involvement in raising the child(ren). To secure full custody, it’s imperative to demonstrate:
- Full custody aligns with the child(ren)’s best interests.
- The other parent exhibits inadequate involvement.
- The other parent lacks financial stability or a suitable living environment.
- Evidence of abuse (mental, physical, emotional, and/or substance-related) exists.
Focus on the Child’s Best Interests
To win a full custody battle, concentrate on the child(ren)’s well-being. The judge assesses:
- Each parent’s capability to fulfill child-raising duties.
- The child(ren)’s ages and safety.
- Consistent, positive parenting practices.
- The potential impact of a routine change on the child(ren)’s lives, considering locations, schools, activities, healthcare access, and sibling relationships. Judges often aim to maintain stable sibling connections post-divorce.
Parents that want to win full custody needs to consider the following details that could be conclusive in a court of law:
- Courtroom Apparel: Throughout a custody battle, a court might consider the parent’s style of apparel as a component in finding out if the parent will gain full custody. Parents need to wear darker types of suits and stay away from casual clothes.
- Courtroom Behavior: A judge could find a parent’s suitability for full custody, partially, on the basis of the parent’s behavior in court. For instance, if a parent wishes to win full custody, they should avoid disruptions and try to keep their self-control and stay away from angry interjections.
- Best Interests of the Child(ren): This is possibly the most essential part that a court will consider. A family court typically decides that it is best for the parents to split custody of a child(ren). A parent wanting to win full custody needs to be ready to clearly state reasons why joint custody wouldn’t satisfy the child(ren)’s best interests. A demonstration of a reason you may be awarded sole custody is if your ex has problems with substance abuse or a reputation of leaving the child(ren) home by themselves.
- Preparedness: A judge will weigh the level of preparedness of a parent wanting to win full custody. Preparation will include factors like whether or not the parent has an attorney or whether that parent has concrete evidence to back their standpoint for full custody.
While it may seem unfair for a court to decide custody based on certain criteria, following these guidelines is crucial. To enhance your chances of winning sole custody, adhere to these rules. Consult with an experienced attorney in your state for detailed guidance on gaining full custody. A skilled child custody lawyer will explain your rights, assist with your custody request, and represent you in court, potentially resolving issues with the other parent without prolonged litigation.
- “Grounds for Full Custody of a Child.” Janet McCullar: Child Custody and Parental Alienation Lawyer, 24 May 2019, janetmccullar.com/blog/grounds-for-full-custody-of-child/.