When parents separate or divorce, they must make some sort of child custody arrangement. The legal term child custody refers to the legal and practical relationship between a child and a parent or guardian. State laws regarding child custody and how it is determined vary by jurisdiction, although the main standard for child custody decisions is the child’s best interests standard.
The needs of the child, and what would be in the child’s best interests, are placed above the parent’s preferences. Additionally, courts will only make child custody decisions if those decisions best benefit the child.
Although there are different types of child custody arrangements, there are two major types that the court will generally consider: full custody, and joint custody. Simply put, full custody refers to one parent being designated the primary custodial parent, while joint custody refers to an arrangement in which both parents split physical custody of the child. One parent possibly retains legal custody.
Some parents are awarded full custody rights, which means that one parent bears the main responsibility for their child’s care and upbringing. This parent lives with the child, and is referred to as the custodial parent. In a full custody arrangement, the parent who does not live with the child (who is referred to as the non-custodial parent) may be granted limited visitation rights or limited custody, depending on the circumstances of the situation.
To elaborate, full custody refers to a specific type of child custody arrangement in which only one parent assumes all of the responsibilities related to caring for and raising their child. Full custody may be granted under the following situations occur:
- One parent has become ill, disabled, or is otherwise incapacitated;
- The court has determined that the other parent is considered unfit to raise a child;
- The other parent has been incarcerated, or has a negative criminal record; and/or
- There is a history of abuse or neglect by the other parent.
When a parent is awarded full custody, they are the only parent entrusted with both legal and physical custody. Legal custody gives the custodial parent the right and obligation to make decisions regarding the child’s upbringing, while physical custody refers to the physical placement of the child. An example of this would be where the child will live, or spend most of their time.
Full custody does not necessarily mean that the other parent has no visitation rights at all. In some full custody cases, the non custodial parent could have short periods of visitation with the child. Full custody and sole custody are often used interchangeably, although there are some differences between the two. Sole custody generally entails that the non custodial parent was not awarded any visitation or custody rights.
What Are Full Custody Papers? How Do I File for Full Custody?
Before discussing paperwork for full custody of a child, it is important to note that full custody forms may vary from state to state. Additionally, the process for filing for full custody may differ according to state laws, as well as the circumstances of each specific case.
Custody papers, which are also known as custody forms, may be necessary when divorcing or unmarried parents are determining custody of their child. Custody papers refer to a court order that governs and clarifies the custody arrangement between parents or guardians. Generally speaking, it is granted by a family law judge during a divorce proceeding or legal separation proceeding. However, full custody forms can be requested in a separate hearing.
To reiterate, each state maintains different standards and procedures regarding the subject. In general, one parent or guardian must file the appropriate paperwork with the court and pay any required filing fees. Once the forms have been filed, the person filing is given a court date for a custody hearing. A family law judge can grant one party full custody if they can demonstrate during that court hearing that granting full custody is in the best interests of their child.
Can Full Custody Arrangements Be Modified?
Depending on the circumstances, full custody arrangements can be modified. If an arrangement has been working and the child is doing well, the court will be hesitant to modify the order. There will need to be proper grounds to justify modifying an existing child custody or visitation order.
Grounds for modification generally include just cause or a change in circumstances. An example of this would be how a judge may agree to modify an order if the parent who has visitation skipped out on most of the scheduled visits with their child. This could indicate that it is not in the best interest of the child to keep providing the absent parent with visitation rights.
Another example of what would cause a judge to modify an order would be an instance of child abuse. As this is extremely serious, it will be considered an immediate danger to the child’s well-being.
An example of when a judge will not generally allow modification is when the child wishes to have the order changed. However, the court may seek the child’s input during a hearing and consider it with the other evidence in order to determine what is in the best interest of the child. The child’s age is another factor in terms of how strongly the court will consider their wishes.
Other examples of when a full custody arrangement may be modified include:
- The child is in danger;
- The custodial parent dies;
- One parent does not cooperate with the visitation schedule; and/or
- One parent is considering relocating to a distant location.
What If Custody Papers Are Violated?
If current custody arrangements are violated, the violating parent may face the following penalties:
- They may be found in contempt of court;
- They may be fined; and/or
- They may have their custody rights limited.
Furthermore, violating full custody orders can result in revocation of any rights to your child. An example of this would be attempting to flee the state with your child during a scheduled visitation.
One of the best ways to avoid violating custody papers is to petition for modification of the current order that no longer suits the needs of the parties involved, as mentioned above. You will need to file a petition with the appropriate court, while keeping in mind that some courts refer to this as a motion instead of a petition. The petition will generally need to include the following information:
- Both parents’ names and addresses;
- A copy of the existing custody or visitation order;
- The reason for modification; and
- Proposed modification terms.
The petition must be signed by you and filed with the clerk of the court where your case is pending. Some courts also have form petitions, or may require certain forms to be attached to the petition; you should become aware of your locality’s requirements.
A copy of the petition must be served upon the other parent or sent to their lawyer. If you have a lawyer, they can prepare the petition and file it for you to ensure that it is done correctly.
The court will schedule a hearing date on the petition, during which you will be able to present evidence and argue your side. The other parent will also get the chance to respond in writing, and present their arguments during the hearing. The judge will then weigh the evidence to determine if the modification is in the best interests of your child. If there is an allegation of child abuse, temporary orders removing the child from the household may be put in place in order to protect the child until the petition is heard and resolved.
Should I Seek Help from an Attorney?
Child custody, and violation of custody papers, are serious matters. If you are experiencing any issues related to child custody, you should consult with an experienced local child custody lawyer. Because states vary greatly in terms of their child custody laws, an area attorney will be best suited to helping you understand your rights and options according to your state’s specific laws.
