Steps To Obtain Full Custody Of Child

When trying to obtain full custody of your children, the courts often side with the individual who is viewed as the primary caretaker. This is not always the mother because more fathers are beginning to be stay-at-home dads while their wife pursues her career. If you are trying to gain full custody as revenge upon your ex-spouse, the courts may view this negatively and it can work against you. Domestic abuse or violence in the home may be a primary factor when making custody decisions. If your spouse has been abusive to either you or the kids, you may be able to gain full and legal custody.

How to Get Sole Custody of Your Children

The definition of full custody can mean a variety of things. There is a difference between physical and legal custody. One parent may have full physical custody, but not legal. Legal custody gives each parent the right to make decisions regarding where the children will attend school, the type of religion they will be brought up with and any medical issues pertaining to the health of the child.

In order to obtain full physical custody with the other parent being given visitation, you must be able to show the court that you offer a more suitable and stable environment than the other parent. Full custody may be granted if:

Both parents agree to this while still allowing the other spouse liberal visitation rights
If one parent has terminated their parental rights
A former spouse begins abusing drugs or alcohol
The parent has abused, abandoned or neglected the children

A parent that is more likely to allow frequent and meaningful visits with their ex-partner may be more likely to be awarded sole custody.

Factors the Family Court Considers When Awarding Custody

In nearly every state, the family court looks at what is in the best interest of the children when making child custody decisions. There are many factors they consider, some of which are:

Who can best provide emotionally and financially
The ability to give the child a safe and stable home environment
Preference of the child if they are old enough to voice their opinion
Health of the parents and medical needs of the children
Any criminal records the parents may have
History of substance abuse, child abuse or neglect

The judge may also take into consideration the type of family relationships the children may experience. Often times, they will ask if one parent has close ties to the children’s grandparents and allows frequent contact with them. Most importantly, judges like to see that the child’s routine will not be disrupted. They prefer the status quo and don’t like it when a parent decides to uproot a child from their home or school that they are familiar with.

When to Talk to an Attorney

If you are going through a divorce, obtaining custody of your children can be your biggest worry. This can be a long and complicated process requiring expert knowledge. There are a multitude of petitions and motions that need to be filed in family court. You may have to take time away from work in order to appear in family court and plead your case. These can be very emotional experiences and you might be best served by hiring an experienced family law attorney to assist you with your case.

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