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 is occasionally called sole custody. In full custody arrangements, one parent is a custodial parent, whereas the other parent is typically awarded generous visitation rights as specified by the court. A court will typically agree to award the non-custodial parent visitation rights unless visitation doesn’t satisfy the best interest of the child(ren).
Considerations When Winning Full Custody
First and foremost, the courts want the two parents to raise the child(ren). Therefore, it is highly unlikely that you’ll be win full custody of your child(ren) unless you’re able to demonstrate that you justify it.
Here are a few examples of what you’d most likely have to demonstrate:
- Full custody is in the best interests of your child(ren).
- The other parent shows an unsettling lack of participation.
- The other parent doesn’t have the financial stability to care for the child(ren) or can’t provide the child(ren) a suitable living environment.
- Some type of abuse is happening in the home (mental, physical, emotional, and/ or substance).
For you to win full custody, you need to concentrate on the best interest of the child(ren). The judge presiding over the case will examine a lot of different things, including:
- The capability of each individual parent to fulfill their child-raising duties
- The ages of the child(ren) concerned
- The safety of the child(ren)
- Continual, productive practices
- The manner in which their lives will be affected if the existing routine is modified
This review of the routine includes the geographical locations of each of the parents, and the vicinity to the children’s schools, after school activities, doctors, and other healthcare professionals.
Judges will also review if siblings will be separated. A lot of judges want to keep the siblings together if possible. They do this because: The children’s lives have significantly changed because of the divorce, so it’s crucial to keep the relationships with the siblings, half-siblings, and step-siblings, as steady as possible.
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.
In Conclusion
It might not be fair for a court to determine full custody based on the above requirements. But because there’s not a lot you can do about these guidelines, you need follow them properly to get the best chance at winning sole custody of your child(ren). For more information on how to gain full custody, talk with an experienced attorney in your state.
A knowledgeable child custody lawyer will help you understand your options and rights, draw up your custody request, and be your representation in court. They may also be able to deal with the other parent, avoiding longer litigation.
Source:
- “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/.
Speak With Our Child Custody Attorney In Scottsdale
Our child custody and guardianship attorney in Phoenix and Scottsdale will advance your case with concern and personal attention and always have you and your children’s best interest in mind when offering legal solutions.
An experienced family law attorney will work with you to obtain the best possible outcome in your situation. We advocate for our clients, so they have the brightest future possible. Give us a call today at 480-999-0800 for a free consultation.
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