When two parents are separated or divorced, the custodial parent occasionally prevents the non-custodial parent from employing his or her child visitation rights. If you are a non-custodial parent that has been denied visitation rights that you once had, there are some simple reasons why you were denied your visitation rights:
- You’re a non-custodial parent and are not paying child support
- Objection of other parent’s relationships, like a new mate
- Drug and/or alcohol abuse
- Incarceration due to child abuse
- Abduction fears
- Religious belief differences
- Child’s desires
If there is a custody order in effect, denying visitation is illegal and can have serious legal consequences for the parent who refuses visitation. In some jurisdictions, a custodial parent may deny visitation if visitation with the non-custodial parent would risk exposing the child to direct bodily injury or emotional abuse. In addition, the custodial parent must also take particular steps before denying visitation, like getting a hold of the appropriate authorities. This is only allowed in exceptional circumstances.
CAN FATHERS GET FULL CUSTODY
If you are a Dad and thinking is it possible to get full custody of my child or children, read on to learn more.
THE DIFFERENCE BETWEEN FULL CHILD CUSTODY AND JOINT CHILD CUSTODY
Full custody is commonly referred to as sole custody. Parents who want full custody rights need to know the differences between what full custody is and what joint custody is.
In a joint custody situation, parents share their physical and/or legal custody of their child.
In a full custody situation, only one parent has the sole responsibility for their children.
IF THE FATHER IS SINGLE CAN HE GET FULL CUSTODY?
The courts consider it preferable for both parents to share custody of their children, there can be circumstances where the courts would consider granting full custody to only one parent.
FULL CUSTODY RIGHT FACTORS CONSIDERED BY THE COURTS
Those parents who want full custody rights should know what to expect prior to their court proceedings. Consider the following:
Paternity: A father who is interested in gaining full custody of their child should have proven their paternity of the child. A father can establish paternity by signing the child’s birth certificate or by acknowledging paternity during paternity proceedings in court, or after court ordered genetic testing of both parents’ DNA.
The father’s relationship with the child: A judge will examine the parent’s relationship with the child, prior to granting them full custody rights. The father should be prepared to answer questions regarding his relationship with the child during their child custody proceedings.
The child’s relationship with his/her mother: A court will be hesitant to interrupt a child custody arrangement that is working, particularly if the child’s mother is the principal caretaker of the child. For instance, a court would consider changing the custody arrangement if they feel the child is in danger, or if the child’s mother is suffering from a mental illness or if the child’s mother is taking drugs or abusing alcohol.
A father who wants full custody rights of their child should be aware that the courts will often offer ample visitation rights to the child’s mother, as the relationship with both parents is deemed to be in the child’s best interests. For more information about gaining full custody rights, fathers should refer to the child custody laws of Arizona and find additional sources about how they can gain custody of their child.
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