What are the requirements for mother to receive full custody of a child?

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Question:

What are the requirements for mother to receive full custody of a child?

Answer:

Courts, for the most part, believe that it is in a child's best interests to be allowed to maintain a relationship with both his mother and his father after the parents separate or divorce. As such, courts usually award at least visitation- if not shared custody- whenever possible. This means if a mother wants to get full custody of a child, she will need to show the court that full custody is not appropriate in the situation in question. 

When making a custody decision, courts will always act in what they believe a child's best interests are. There are a variety of different things that a court may look at in order to determine what a child's best interests are. Common factors that are considered in most states include:

  • Whether one parent has acted as a primary caregiver during the life of the child
  • How the child gets along with each respective parent
  • If each parent is fit to parent (i.e. if the parent has been abusive or neglectful or otherwise put the child in harm's way)
  • If each parent can create a safe, supportive environment for the child to live in or visit. 

For a mother to get full custody, she will essentially have to look at these factors- and other factors the court considers in her state- and prove that the father cannot be a solid and safe parent for the child. If she can prove that the father is neglectful, or that he is doing something that will hurt the child, like engaging in criminal activity or not getting help for an addiction- then the court may view it in the child's best interests to not have regular contact with the father in that particular case. 

If a mother wishes to convince a court that full custody is the right choice, it is imperative she get legal help. A lawyer can assist in making a strong case that will convince the court that the father is not fit to parent. 

This article is provided for informational purposes only. If you need legal advice or representation,
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This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

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