What are the grounds for full custody of a child? You might be surprised to learn that the courts determine custody on a case-by-case basis, and even the smallest factors play a role.
Related: Answers from a child custody lawyer
When people say full custody (or sole custody), they’re usually talking about legal and physical custody.
Most people have a joint custody arrangement, with both parents sharing legal custody – the right to make important decisions about the child – and joint physical custody, in which the child spends plenty of time with both parents.
However, there are some cases in which it’s appropriate to give full custody to one parent. In cases like those, only one parent has the right to make all the major decisions about health, education and welfare. The child only lives with one parent, too, although the other parent can enjoy visitation rights.
Related: Full custody information
When one parent is incarcerated, for example, or he or she is in a drug treatment program or has been proven an addict, the other parent may ask the court for full custody of the child. Other cases might involve:
If you want full custody of your child or children, you need to let your divorce attorney know – and you should be prepared to provide valid reasons that the other parent should not be allowed to make decisions about the kids’ health, welfare and education. You can’t simply say, “My wife cheated on me, so I don’t want her to have the kids.” (Well, you can say it – but a judge is unlikely to see eye-to-eye with you based on that alone.)
Your attorney will most likely encourage you to try to reach an agreement with your spouse rather than telling you to fight things out in court. There are a couple of reasons for this, and one of them is that litigation (going to court to fight) is a lot more expensive and time-consuming. If you and your spouse can reach an agreement – either that one of you will get full custody or that you’ll share joint custody – you won’t have to fight in court.
Remember, though, that the judge will only sign off on your agreement if it’s in your child’s best interest. Even if you think you have grounds for full custody of a child, that decision rests with the judge in your case. That means if you and your spouse agree that one of you should have full custody, but the court doesn’t believe it’s in your child’s best interest, you’re going to have a joint custody arrangement.
If you believe you have grounds for full custody of a child and you’re splitting up with your spouse, we may be able to help you.
Call us at 209-546-6870 to schedule a consultation with a caring, compassionate and knowledgeable Stockton divorce attorney now. We can help you with issues related to parentage and child custody, spousal support and other divorce issues.
Child Custody Orders: San Joaquin, California In California, divorced, separated, or never married parents must…
https://youtu.be/tt_A0YoAbVs Co-Parenting from a Child's Based Perspective Parenting Words of Wisdom “Promise me you’ll always remember:…
Divorce in California If you are considering a divorce in California, there are a few…
Words of Wisdom https://youtube.com/shorts/p7mO71I_8cA Original Article Posted at drthomasmaples.com The Psychology of Divorce As…
Guide 4 Divorce in California Considering a divorce in California? You will want to know…
This website uses cookies.