When it comes to the process of divorce or separation from an individual with whom you share a child, addressing the issue of child custody is often a complicated matter. Further, because every custody situation is different, there are numerous different forms of child custody that may be ordered.
As a legal term, child custody refers to the legal and practical relationship between a child and their divorced parent or legal guardian. It is important to note that the laws concerning child custody will vary by state.
However, every state will adhere to the child’s best interest standard when making child custody decisions. This means that all child custody laws will place the child’s interests and backgrounds above the parent’s personal preferences.
Although there is a general presumption that a child should spend time with both parents, that presumption can be rebutted. There are some situations in which a court may determine that it is in a child’s best interest for one parent to have full or sole custody of a child or children.
The following article explores the grounds that may warrant one parent obtaining full or sole custody of their child or children.
What Is Full Custody?
Full custody, also known as sole custody, refers to a specific type of child custody arrangement in which only one parent or legal guardian is granted both physical and legal custody of the child.
This parent is referred to as the custodial parent, and they generally have the exclusive legal right to make decisions on behalf of their child. The custodial parent is responsible for the child’s physical needs as well.
A parent that has legal custody over their child will have the right to make important legal decisions on behalf of that child.
Examples of important decisions that a parent with legal custody possesses, include:
- The right to make educational decisions for their child, such as what type of school they go to, what type of courses the child should take, and other educational choices
- The right to make religious decisions regarding what religion to raise the child in, if any
- The right to make legal decisions on behalf of their child, such as whether or not to enter into certain legal contracts on behalf of their child or represent their child in a lawsuit
- The right to make medical decisions for their child, such as whether or not their child should undergo invasive and noninvasive procedures
- The right to make decisions regarding the psychiatric treatment for their child
In addition to legal custody a parent may also possess physical custody of their child. Physical custody refers to a parent’s right to determine where their child resides. It is important to recognize the differences between full legal custody and full physical custody.
Full physical custody refers to a type of custody where a child is legally allowed to live with only one of their biological or adoptive parents. Fully legal custody is a type of custody where one parent is given full authority to make all of the above decisions without consulting the other parent. A parent may also be named as the parent with both sole physical and legal custody of their child.
What Are Grounds for Full Custody?
As mentioned above, there are many different situations that may constitute valid grounds to award a parent full custody. Once again, custody will always be determined with respect to the child’s best interest standard. Under that standard, full custody may generally be granted to a person when:
- The other parent, i.e. the non custodial parent, is incapacitated, incarcerated, or otherwise unable to assist in raising the child and sharing custody rights
- One parent has voluntarily forfeited their parental rights and responsibilities
- This leaves the other parent as the sole managing conservator and automatically grants them full custody
- The non custodial parent has a documented history spousal or child abuse, domestic violence, or child neglect
- One parent has a documented history of removing and secreting their shared child from the other parent
- This act is known as child abduction or kidnapping, and can serve as grounds for awarding the other parent full custody
- Additionally, a parent that kidnaps there child, whether domestically or internationally, may be criminally punished for such actions
- One parent has violated the existing child custody order to an extent where it is not in the child’s best interest to have continued contact with that parent
- Both parents are unable to assume any responsibility for their child, in which case another party would assume sole custody
- For instance, a grandparent or other close relative may be awarded custody of the child if both parents are incapacitated, dead, or unavailable to perform their parental duties
- It is important to note that many states have shifted from granting non-parents guardianships rather than custody of a minor in situations where the child’s parents are not available for one reason or another
What Else Should I Know about Full Custody?
Once again, a court will generally only order full custody if it is in the child’s best interests to do so. In some cases, an existing split or joint custody arrangement may be converted to a full custody arrangement if the court sees that this would better suit the child’s needs.
As mentioned above, there is a presumption that a healthy relationship with both parents better benefits the child, and courts typically take that into consideration when making decisions. As such, if you are seeking full custody you must provide evidence as to why this does not apply in your case.
There are also alternatives to full custody arrangements. One obvious alternative to full custody is for both parents to agree to shared custody, or joint custody. However, these sorts of arrangements will only be granted if there is no history of neglect or abuse.
It is also important to note that all child custody arrangements will be detailed in a final child custody order, regardless of the type of custody issued. Both parents must then adhere to the order or risk being held in contempt of court.
It is also important to note that child custody orders may be modified if there is a good reason to do so, such as a significant change in circumstances. In other words, just because one parent has full custody, the other parent may still petition for a modification and an increase in legal or physical custody of their child.
In order for a parent to obtain a modification, the requesting parent or party will need to petition the court for a modification and provide evidence supporting why they should be granted additional visitation or custody rights. The court will then hear the case and decide if a change in child custody arrangement is in the child’s best interests.
Finally, it is important to note that although this article has used sole custody and full custody interchangeably, some states do make a distinction between the two terms. In some states, in a full custody arrangement, one parent may have legal and physical custody of the child while the other parent is granted some visitation rights. However, under sole custody, the other parent has no visitation rights at all.
Do I Need a Lawyer for Help With Full Custody?
If you are going through a divorce with children or if you are going through a separation that involves children, and you believe full custody may be warranted, it is recommended to consult with an experienced child custody lawyer.
LegalMatch can assist you with locating and setting up an initial consultation with an experienced child custody attorney in your area. An attorney can help you understand your state’s specific laws on full custody. They will also inform you of your best course of legal action to obtain full custody. Finally, a custody lawyer can also represent you in court, as needed.
