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


For our valued readers who are navigating the complexities of family law, we want to remind you that our lead attorney, Molly Rosenblum Allen, Esq., has developed comprehensive resources to support you during these challenging times. Here is a list of insightful guides and articles that you may find beneficial:

  • Las Vegas Custody Attorney: Offering expert guidance on navigating child custody cases in Las Vegas. Read more.

  • Fathers Rights: A dedicated resource to help fathers understand and protect their legal rights. Learn more.

  • Supervised Visitation: Clarifying the details and regulations around supervised visitation. Discover how.

  • Changing Custody Agreement: Providing facts for Nevadans on how to approach amending a custody agreement. Get informed.

  • Grandparents Rights Nevada: Assisting grandparents in understanding their legal rights concerning their grandchildren. Find out more.

  • Long Distance Co-Parenting: Strategies and tips for managing co-parenting across distances. Explore further.

  • How a Mother Can Lose a Custody Battle: Insight into the pitfalls mothers should avoid during custody disputes. Read the full article.

  • Custody Battle Tips for Nevadans: Practical advice for those engaged in a custody conflict within Nevada. Learn the tips.

  • What Not To Say In Child Custody Mediation: Guidance on what to avoid saying during mediation to keep proceedings constructive. Find out what not to say.

  • How Much is a Custody Lawyer: Understanding the financial aspects of hiring a custody lawyer in Las Vegas. Get the facts.

  • Types of Custody: A detailed look into different custody arrangements that can be pursued. Examine the types.

  • At What Age Can a Child Decide to Stop Visitation: Information on the age at which a child’s preference might be considered in visitation decisions. Learn about the age considerations.

Each resource is tailored to provide clarity and support for those facing legal challenges in family law—crafted by an experienced attorney who understands your needs.

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Offsite Resources You May Find Helpful

Here are seven offsite resources that provide information about obtaining full custody of a child:

  1. FindLaw: This online resource provides free legal information, a lawyer directory, and other resources on a wide range of legal topics, including how to get full custody of a child.

  2. Justia: Justia offers free legal information and a directory of attorneys for various legal issues, including how to obtain full custody of a child.

  3. American Bar Association: The ABA provides a variety of resources on legal topics, including information on child custody laws and how to gain full custody.

  4. Nolo: Nolo provides legal information for consumers and small businesses, including articles, blogs, FAQs, and news on how to get full custody of a child.

  5. Avvo: This website provides a directory of lawyers, legal advice, and other resources on a broad range of legal topics, including how to get full custody of a child.

  6. LegalMatch: This online legal matching service helps individuals find lawyers in their area and provides advice and resources on family law matters, including how to get full custody of a child.

  7. Child Welfare Information Gateway: This service of the Children’s Bureau, Administration for Children and Families, U.S. Department of Health and Human Services, provides access to information and resources on a variety of child welfare topics, including child custody laws and how to obtain full custody.

Frequently Asked Questions

How do I seek full custody of my child?

When circumstances warrant, gaining full custody of a child may become necessary. This FAQ provides insights into the process and considerations involved.

What does “sole custody” mean?

Sole custody can encompass both physical and legal custody. It entails one parent having primary responsibility for the child’s care and decision-making authority on important matters like healthcare and education.

What factors might lead to a parent being deemed unfit for custody?

Various circumstances, such as substance abuse, a history of abuse, severe mental illness, or physical health problems, may contribute to a parent being considered unfit for custody.

How is custody determined in family court?

Custody arrangements can be established through mutual agreement between parents or by court order. If there’s a dispute, a judge will evaluate the situation and make a decision based on the child’s best interests.

Can one parent unilaterally revoke the other parent’s custody rights?

No, one parent cannot unilaterally revoke the other parent’s custody rights without a court order. Legal proceedings are necessary to modify custody arrangements.

What resources are available for those navigating family law challenges?

Our lead attorney, Molly Rosenblum Allen, Esq., has developed comprehensive resources tailored to address various aspects of family law, including custody battles, fathers’ rights, supervised visitation, and more.

Where can I find additional information on specific custody-related topics?

Explore our collection of articles and guides covering a range of topics, including changing custody agreements, grandparents’ rights, long-distance co-parenting, and what not to say in child custody mediation.

How can I learn about the financial aspects of hiring a custody lawyer?

Gain insights into the costs associated with hiring a custody lawyer in Las Vegas and understand the different types of custody arrangements available.

At what age can a child’s preferences influence visitation decisions?

Find out more about the age considerations involved when determining whether a child’s preferences can impact visitation arrangements.

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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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