How Do You Get Full Custody of a Child

Getting Full Custody of a Child

Child custody battles are often tricky processes. Both parents share custody of the child and try to give their child the best life possible in the best of times.

Yet, that is not always the case. There are some situations where one parent should not have custody rights to their child.

Often, this is due to:

  • abuse
  • addiction
  • incarceration
  • or other conditions that put a parent’s fitness into question

In situations like this, you want to seek full physical custody of your child. A reasonable family court attorney can aid you in gaining custody of your child. This will leave any major decisions up to the parent with legal custody.

What follows is a brief overview of gaining full custody of your child.

How Do You Get Full Custody of a Child

What is Sole Custody?

Sole, or full custody, can define two different situations. A parent can have sole physical custody in which the minor child lives with one parent all the time.

Full legal custody defines one parent making major decisions on the child concerning:

  • health care,
  • education,
  • and religious upbringing.

Most judges will rule that it is in the child’s best interest to spend time with both parents. But, there are some situations where it is not in the child’s best interest to have contact with their parents.

For example, if the child is the product of spousal rape, the judge may rule it is not in their best interest to live with their father. Yet, if the mother consents and it is in the child’s best interest, the father can have visitation rights.

A parent can be deemed unfit if they:

  • struggle with an addiction,
  • have a history of abuse,
  • suffer severe mental illness,
  • or other similar conditions.
  • Suffer from any physical health problems

In those cases, one parent can seek full custody of their child.

How Is Custody Determined?

Child custody gets determined in a few ways.

The easiest way is when both parents agree before, or during, the divorce proceedings.

Legal custody can also get awarded by default. 

The defendant has about 21 days to reply when a legal custody complaint gets filed. If no documentation gets filed, the plaintiff will get their custody requests granted.

But, if there is a physical custody dispute, a judge will have to rule. You will have to report to a court for a custody hearing to determine legal custody of the child.

One parent cannot revoke another parent’s legal custody rights without a court order. You will need to prove to the court that your spouse is unfit to have physical custody of your child, or that it is not in your child’s best interest to have visitation with your spouse.

Further Reading

Here are the other posts that can provide valuable information to our readers:

  1. Do You Have Child Custody Questions?” – This post offers general information and addresses common questions readers may have regarding child custody.
  2. How to Get Child Custody from a Narcissist in Las Vegas” – This post provides strategies and tips for individuals seeking child custody from a narcissistic parent in the context of Las Vegas or similar jurisdictions.
  3. Does My New Spouse Income Count for Child Support” – This post explores the considerations surrounding a new spouse’s income and its impact on child support calculations.
  4. Tips for Family Mediation” – This post offers helpful tips and advice for successful family mediation, providing insights and strategies for navigating the process effectively.
  5. Supervised Visitation: The Good, The Bad, And The Truth [Updated 2022]” – This post provides updated information on supervised visitation, discussing its pros and cons and providing a balanced perspective.
  6. Las Vegas Paternity Law” – This post focuses on the laws and regulations related to paternity in Las Vegas, providing readers with information about establishing and addressing paternity in custody cases.
  7. Divorce, Custody & Your Child’s Education” – This post explores the impact of divorce and custody arrangements on a child’s education, providing insights and guidance on navigating this aspect effectively.
  8. When Can a Child Decide They Don’t Want to See a Parent” – This post addresses when a child can have a say in visitation or custody matters, providing information on the factors considered and the legal perspectives involved.
  9. Fathers Rights: 95 Horrific Mistakes Men Make During Custody Battles” – This post provides a comprehensive list of mistakes men commonly make during custody battles, aiming to raise awareness and help fathers avoid these pitfalls.
  10. How to Get Child Support Arrears Dismissed” – This post offers guidance on getting child support arrears dismissed, providing insights and suggestions for individuals facing this situation.

These posts provide valuable insights and support for readers of child custody matters.

Ask an Attorney

Our lead attorney, Molly Rosenblum, Esq answers tough legal questions in these videos.

Does the Court Consider Domestic Violence in a Custody Case?

Can a Child Have a Say in Custody Decisions

Does a Parent's Sexual Orientation Affect Child Custody in Nevada?

What is a Parenting Plan?

Can Substance Abuse Affect Your Custody Case?

What's Next?

Are you in the Las Vegas area and need a reliable Las Vegas child custody attorney?

The Rosenblum Allen Law Firm can help!

Our team of experienced attorneys is dedicated to protecting your rights. We have an excellent track record, with hundreds of successful cases under our belt.

Plus, we provide personalized attention for every client’s needs and actively keep them updated on their case status from start to finish.

Get the quality care that best serves your interests: Hire the Rosenblum Allen Law Firm today!

Call us at (702) 433-2889 – we look forward to helping you sort through this challenging time in your life.

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