Parents seeking a full custody arrangement for their child should be ready for the challenging road ahead. Full custody, of course, differs from joint custody in that legal and physical custody will be granted to one parent instead of both. Before you choose to pursue a full custody arrangement, your motives need to be clear and concise. Are you seeking full custody strictly to punish the other parent or is this situation best for the child moving forward? Once you decide to pursue full custody, take the following steps toward attaining the designation.
Getting Full Custody
When you have full custody of your children, you can legally make all child-related decisions without consulting the other parent. If you want full legal custody, though, you will have to convince the judge that this situation is in the children’s best interests. Full custody can also be referred to as sole custody, depending on your state’s terminology. You could have a case for full legal custody if any of the following scenarios apply below.
Factors Considered For Granting Full Custody
The following factors will help determine whether or not full custody will be granted in a court of law:
Best Interest Of The Child
Typically, family court will determine it’s best for the parents to share custody of the child. Any parent looking to get full custody needs to be prepared to state clear reasons why joint or shared custody will not be in the child’s best interest. Reasons for this could include the other parent’s substance abuse or history of leaving the child home alone for long periods of time.
Level Of Preparation
A judge will consider the amount of preparation the parent looking to get full custody has done. Preparation includes factors like whether the parent has an attorney or concrete documentation to support their case.
A judge can determine a parent’s fitness for full custody on the basis of the parent’s demeanor in the courtroom. A parent seeking full custody should refrain interrupting the proceedings and keep their composure throughout the process.
Make sure to wear formal suits and keep from wearing any casual clothing during court proceedings.
Can A Full Custody Arrangement Be Changed?
Once a court enters a child custody order, both parents must comply with it. Any parent who fails to follow the order can face serious repercussions. For example, the court can fine or hold the parent in contempt of court for failure to oblige.
If you face any difficulty with meeting the terms of the order, you are free to petition the court for a modification. A court may modify the custody order if you prove this modification is necessary due to a change in circumstances that greatly affects the child’s wellbeing.
How A Lawyer Can Help With A Child Custody Case
Obtaining a full custody agreement is no easy task. In most cases, there is a presumption that the child needs to maintain a strong relationship with both parents. You will need to not only gather evidence to prove you are a great parent, you will also need to show why your spouse should not have custody.
If, perhaps, your spouse does not want custody of your child, then you can enter into an agreement and present this to the court. This is the easiest way to get full custody, but it’s not always feasible.
Your attorney can help you with the following in a child custody case:
- Represent you before the court.
- Gather evidence to prove your spouse is unfit to have custody of the child.
- Help you understand the factors the court will consider during the case.
- Represent you in all negotiations involving your spouse.
- Gather eyewitnesses to further bolster your case.
- Advise you when it comes to negotiations and courses of action to pursue.
How Much Does A Child Custody Lawyer Cost?
$21,500 is the mean cost of a child custody lawyer in the USA as per LegalMatch with fees varying from as little as $3,000 to around $40,000 in the U.S. Undoubtedly, child custody cases can be one of the most emotional experiences a parent may encounter.
Source: “How To Win Full Custody Of Your Child” Verywell Family https://www.verywellfamily.com/how-to-win-full-custody-of-your-child-2997293
Need Divorce Attorneys In Scottsdale?
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