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How Do You Get Full Custody of a Child

How Do You Get 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 custody of your child. A reasonable family court attorney can aid you in gaining custody of your child.

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 child lives with one parent all the time.

Full legal custody defines one parent making legal 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.

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 custody complaint gets filed. If no documentation gets filed, the plaintiff will get their custody requests granted.

But, if there is a 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 custody rights without a court order. You will need to prove to the court that your spouse is unfit to have custody of your child, or that it is not in your child’s best interest to have visitation with your spouse.

Custody laws can be challenging to navigate. You don’t have to go it alone. Contact the team at The Rosenblum Allen Law Firm if you wish to pursue full physical custody of your child.

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