There are various types of child custody, including physical and legal joint, primary and sole custody can be the most difficult task to obtain. The court approaches child custody cases with the presumption that both parents have equal rights and all the responsibilities for raising their child, grounds for full custody should be compelling. Here again, this is the most important information parents must know about how to get full custody of their child. In this process, you may need the help of an experienced child custody lawyer. Go through the article to learn more about how to win full custody of the child.
What is a Full Custody?
Full custody is the common term for sole custody. When a parent is granted full custody, the parent assumes total physical and legal control, bearing all the parental decision-making responsibilities regarding the child’s best interests and well-being. These major life decisions may, for instance, include both medical and health care, religion, and schooling of the child.
It is possible that a parent can have full legal custody and can cover up all the decision-making rights and responsibilities. In the case of physical custody, things are a bit different, here the other parent will be responsible for the physical care of the child for a certain period of time.
Sole Custody Vs. Joint Custody
For families, sole custody can be the best outcome for a child. Sole physical custody is where the child primarily lives with one of the parents while the other has visitation rights. Sole legal custody is where that one parent has the decision-making authority. It includes making major decisions about medical care, religion, and education. In joint or shared custody, the child lives with each of the parents for some time, such as part of a week or every other week.
What Courts Consider In Custody Cases?
The child lives with each parent for parents who are willing to win full custody must consider the following factors, which may be determinative in a court of law:
Best Interest of the Child
The family court generally determines that the parents should share custody of the child. The parent looking to win full custody must be prepared to state why the joint custody will not serve the child’s best interests, such as whether the other parent has any issues with substance misuse or a history of leaving the child home alone for an extended period.
Fitness of Each the Parent to Raise and Care for the Child
A judge will determine a parent’s fitness for full custody, partly based on the parent’s demeanor in court. For instance, if the parent wants to win full custody, they must avoid interrupting the procedures and attempt to maintain composure and avoid angry outbursts.
Physical and Mental Well-being of all Parties
The judge will consider the level of preparation of the parent looking to win full custody. All this preparation includes the factors such as whether the parent has an attorney or they have concrete documentation to support their position for full custody.
Process of Getting Full Custody
No parent will ever petition the court for full custody to punish the other parent or to avoid such interaction with that parent. The parents must discuss and agree on the best legal and physical custody arrangements. In many cases, joint custody is presumed to be the best for the child, as children tend to do better during the developmental years when able to spend a significant period with both parents when the parents can come into the court where they can plan to work together to serve the best interests of the child.
Individual circumstances can lead one parent to present the grounds for full custody. All these grounds may include arguments or neglected evidence that the non-custodial parent has been absent, has neglected or abused the child or the custodial parent, abuses alcohol or drugs, or has been in trouble with the law.
Because all the grounds for full custody can be complicated to present and prove, a mediation lawyer can normally make the process easier.
Read More: How to Hire A Family Attorney?
Seek Legal Counsel from Experienced Child Custody Attorneys
Seeking full custody is not always easy; this requires convincing the court, with compelling and clear arguments, that one parent must not be granted a more even distribution of rights for rearing the child. An experienced child support attorney can provide the guidance and direction necessary to establish grounds for full custody and achieve the outcome.
For that, Tamblyn Law is here to help you out. We are willing to help our clients in other self-explanatory disputes that include:
- Prenuptial agreements
- Land disputes.
- Property damage.
- Human rights violation
- Postnuptial agreements
Before hiring an attorney, you must dodge fakers and scammers. Learn more about choosing a mediation attorney you can trust and rely on. You can contact Tamblyn Law for professional advice from stellar lawyers and attorneys. For details, you can contact our law offices to set up an appointment.