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Why should you seek full custody of your child? Let’s look at some of the most common reasons why this custody type is needed.
Reasons To Get Full Custody Of A Child
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.
Here are a few common reasons why full custody is sought.
PARENTAL FITNESS
The court assesses the fitness of each parent. If one is deemed unfit due to issues like substance abuse, criminal behavior, mental illness, or any behavior that endangers the child’s safety and well-being, the other may be awarded full custody.
RELOCATION
If the mother or father needs to relocate for a valid reason (e.g., job opportunity, family support) and the move is in the child’s best interest, the court may grant him or her full custody to allow the move.
DOMESTIC VIOLENCE OR ABUSE
If there is evidence of domestic violence or abuse by either parent toward their spouse or child, the court will prioritize the safety of the child by awarding full custody to the other parent to protect the child from harm.
Incarceration
If one parent is imprisoned, they, of course, cannot provide a proper home or care for a child. You may want to seek sole custody and the other parent can visit the child following their release from prison, if appropriate.
Neglect
If a child has been neglected by one parent in the past, the neglect could always continue in the future. Any failure to provide necessary food, supervision, health care, clothing, or shelter is considered neglect.
Abandonment
If one parent has shown little to no interest in raising the child and fails to remain in contact, sole custody may be in the child’s best interest.
HOW A LAWYER CAN HELP WITH A Full 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.
Conclusion
Ultimately, the court’s decision is based on a comprehensive evaluation of many factors, always prioritizing the child’s health, safety, and emotional well-being. It’s important for any parent seeking custody to present clear evidence and documentation that supports their ability to provide a stable, loving, and supportive environment for their child. Legal counsel is highly recommended to navigate the complexities of custody cases.
Source: “How To Win Full Custody Of Your Child” Verywell Family https://www.verywellfamily.com/how-to-win-full-custody-of-your-child-2997293
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