Full Answer
Reasons Full Custody Is Granted. In certain cases, there may be circumstances or factors that will lead a judge to grant full custody to only one parent. This typically happens when one parent is guilty of one or more of the following: Physical abuse. Mental / emotional abuse. Drug or alcohol addiction.
If a parent has sole legal custody, they can make all major decisions regarding the child without consulting the other parent; this includes decisions about medical care, education, religious upbringing and moral development. The other parent can still make small, day-to-day choices when caring for the child.
One of the most common reasons that a parent will win full custody is if the other parent is deemed unfit. The definition of an unfit parent varies, but most states consider abuse, neglect, and the failure to provide for and properly care for the child as grounds for revoking custody.
Otherwise, your best option for getting full child custody without a trial is to reach an agreement with the other parent. If you decide together that your child would benefit from sole custody, write this in your custody agreement.
Domestic abuse is likely the top reason why sole custody is awarded to one parent. If you can prove that your former partner has assaulted or abused you or your child in the past, the judge will want to protect your child from physical harm above all else. In cases of abuse, the judge must order sole legal custody in this case.
One of the most common reasons for sole legal custody is drug or alcohol abuse. Substance abuse can lead to neglect, abuse, and other risks to your child. A parent in an altered mental state is not considered fit to properly take care of a child. The parent may be given an opportunity to work through their substance abuse problems before full custody is awarded.
If the other parent has abandoned their child, either because they cannot or will not care for them, you can be awarded sole legal custody. You may want to consider this if your kid hasn’t had contact with the other parent for a significant period of time. In this case, you do not want them resurfacing years from now and exercising their right to custody when the child doesn’t even have a relationship with them. It can be risky to give them the right to make major decisions about the child’s life when they do not know the child enough to understand their needs.
If one parent has seriously neglected the child in the past, it may indicate that this neglect will continue to occur in the future. If your ex has failed to provide basic necessities to your child , including medical care, food, shelter, clothing, or other safeguards, you should look into sole legal custody.
It can be tricky to get sole custody due to a breakdown of communication between the parents , but it does occur sometimes. In this case, the relationship with your ex is so strained that you cannot effectively communicate about your child’s needs. The court will likely first order that the parents go to counselling together to try to work through the communication issues.
In this case, you could still take your child to visit the other parent in prison, but there is no obligation to do so if you feel as though it would have a negative impact on them.
During this difficult time in the family’s collective life, one spouse might act out due to anger, jealousy, or fear. This can put the child’s safety at risk.
If you are a parent that is seeking sole custody of your children, the Monmouth County custody attorneys at the Law Office of Andrew A. Bestafka, Esq., can provide the legal advice and support that you need at this time. Contact our experienced lawyers at (732) 898-2378 to discuss how we can help you.
If a divorcing couple has children, coming to a custody arrangement that is beneficial for the children and the parents can be difficult. Fortunately, there is a variety of possible custody arrangements, including full or joint custody, available and the custody agreement reached will depend greatly on the circumstances of each parent. In certain cases a judge or court may deem that one parent is unfit to have custody of the children, therefore giving the other parent sole custody.
In certain cases , there may be circumstances or factors that will lead a judge to grant full custody to only one parent. This typically happens when one parent is guilty of one or more of the following:
In addition to these factors, a parent may be granted sole custody if the other parent demonstrates destructive behavior, is incarcerated, or if the court decides it is in the best interest of the child.
Otherwise, your best option for getting full child custody without a trial is to reach an agreement with the other parent. If you decide together that your child would benefit from sole custody, write this in your custody agreement. Include details about any decisions the noncustodial parent can make for your child, ...
If you and the other parent agree on sole custody, the judge will typically approve your agreement.
The clearest reason to ask for sole custody is to protect your child from physical harm, especially if the other parent has a history of any of the following issues:
The chances of getting sole custody vary greatly and depend on the circumstances of your case.
The general phrase sole custody can refer to sole physical custody, sole legal custody or both. You'll also hear sole custody called full custody. If a parent has sole physical custody, their child lives with them full time and have visits (potentially supervised visits) with the other parent, unless the court finds that visits wouldn't be in ...
The easiest way to make a sole custody agreement. Creating a custody agreement on your own can feel overwhelming. You have to be sure to use airtight legal language and can't omit any required information. Use technology to take the guesswork out of the equation.
A mother who gives birth while unmarried automatically has sole custody of her child until a court rules otherwise or until she and the father officially acknowledge his parenthood.
The judge may give sole legal custody only if it finds that doing so is in the child’s best interest and that either of the following applies: 1 Both parties agree on who gets sole legal custody; or 2 The parties do not agree on who gets sole legal custody, but at least one party requests sole legal custody and the judge specifically determines that any of the following are true:
Note: The judge may not give sole legal custody to a parent who refuses to cooperate with the other parent if the judge finds that the refusal to cooperate is unreasonable. 2
The judge may give sole legal custody only if it finds that doing so is in the child’s best interest and that either of the following applies:
Another reason a parent would want sole custody is that it allows them more freedom to move. Having sole custody of your child will mean you don’t have to worry about what the other parent thinks about what you do with your child, what activities they are involved in, or what school they go to.
The parent who doesn’t get the child’s custody may experience what’s known as Parental Alienation Syndrome (PAS), which is what happens when a child turns away from them and develops an aversion to them.
Here are some of the reasons sole custody could be awarded to either of the parents:
Sole custody is an arrangement where only one parent gets custody of the child after divorce or separation. A court issues the order that gives just one parent ‟the care, control, and maintenance of the child (ren)” while both parents still have visitation with the child (ren). The order will detail what type of time each parent gets with the child (ren) and what kind of physical custody each parent has.
Children thrive when their parents have a functional relationship. They also benefit from seeing their parents work together and compromise in their best interests. While sole custody isn’t the only way to assure that your kid gets the best possible upbringing, it is what many judges award. Sometimes, what is best isn’t what you or your ex want, but what the judge deems most helpful. However, what you can do to help your child is taking responsibility for what it costs to raise them and providing them access to proper education.
The first and most apparent advantage of sole custody is that the child will spend more time with one parent. It means more time for stability, bonding, and consistency. In addition, the child will get time to get to know their parent and their expectations.
The other benefit of sole custody is that it avoids a possible frustrating situation for two parents, who often fight over what’s best for their children. These arguments can lead to resentment and conflict that may last forever.