The Best Guide to the Grounds for Full Custody of Child

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This is the best guide to using the grounds for full custody of child.

The best part?

Figuring out how to get full custody of a child is easy.

Getting full custody for mothers is easier to get than getting full custody as a father.

We are going over:

  • what is sole custody
  • how to get full custody
  • how can a mother lose custody of her child
  • grounds for full custody of a child
  • reasons for sole legal custody
  • who has custody of a child if there is no court order
  • how to get full custody of your child

In short, if you’re trying to figure out how to get full custody of a child, this article is for you. Let’s get started.

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Table of Contents

  1. Grounds for Full Custody of Child
  2. What is Sole Custody
  3. How to Get Full Custody
  4. Full Custody for Mothers
  5. How Does a Father Get Full Custody?
  6. Getting Full Custody of a Child
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Grounds for Full Custody of Child

There are seven grounds for full custody of children.

These grounds for full custody of children include:

Sexual Abuse of a Child

If a parent or someone living with the parent is sexually abusing the child, document this.

Sexual abuse is unwanted sexual activity. It includes:

  • using force
  • making threats
  • taking advantage of victims not able to give consent

According to the Handbook on Child Maltreatment, this is what sexual abuse of children means.

“Child sexual abuse involves and sexual activity with a child where consent is not, or cannot, be given.

And the age of the child does not matter when it comes to sexual abuse.

This includes using force or the threat of force.

It also is sexual abuse whether the child knows there is sexual intent or not.”

Physical Abuse of a Child

Physical abuse of a child happens when the child is intentionally physically injured or put at risk of injury.

Abduction of a Child

Child abduction is the unauthorized removal of a minor from the custody of the parent with custody.

Parental kidnapping is the most common form of child abduction.

Child Neglect

Child neglect encompasses:

  • abandonment
  • lack of appropriate supervision
  • failure to provide for emotional and physical needs
  • failure to provide medical care, education, nourishment, and shelter

Domestic Violence

Domestic violence includes the following types of violence:

  • Physical violence. This includes the normal physical abuse that you can think of. It also includes denying a child medical care.
  • Sexual violence. This occurs when a child is forced or coerced into sexual relationships.
  • Emotional abuse. Invalidating or diminishing a child’s self-worth or self-esteem.
  • Psychological abuse. This is invoking fear by intimidation, threatening the child, threatening or harming pets, and isolating the child from loved ones.

Violation of Child Custody Orders

Violation of child custody orders are the following:

  • Blocking visitation. Making the child unavailable for court-ordered visitation.
  • Blocking communication. Blocking texts, emails, and calls interferes with the parent-child relationship.
  • Children refusing to visit. If one parent is influencing the child to not want to be with the other parent, the judge may change custody.
  • Deny visitation for not paying child support. Child support and child custody are two separate issues. If one parent is denying visitation the other parent must seek help from the courts, not deny visitation.
  • Parent missing visitation. Failing to show up is not in the child’s best interests. A parent who does this risks losing child custody.

If one parent is in violation of child custody orders, the other parent can file a motion.

This motion asks the court to enforce the child custody order.

It also holds the parent in violation of child custody orders in contempt.

When a parent is in violation of child custody orders, you should:

  1. File a motion at your local Superior Court.
  2. Serve the motion to the other parent.
  3. Schedule a hearing date with the family court.

Consider hiring a child custody lawyer to navigate the motion against a parent in violation of child custody orders.

Parental Alienation

Parental alienation is when one parent manipulates the child against the other parent.

Parental alienation involves the mental manipulation or bullying of the child.

One parent is trying to convince the child to pick between them or the other parent.

Parental alienation deprives children of their right to love and be loved by their families.

Parental alienation mainly happens in separated and divorced families.

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What is Sole Custody

Sole custody is when only one parent has both legal and physical custody of the child.

This is the custodial parent.

Custodial Parent Definition

A custodial parent is a parent who is the primary caregiver.

If the parents have joint custody, the custodial parent is the one with who the child spends more time.

A custodial parent is usually given primary physical and legal custody.

Non-Custodial Parent Definition

The non-custodial parent definition is a parent who does not have physical or legal custody of their child.

When one parent gets full custody of the child, they are the custodial parent.

The other parent is the non-custodial parent.

If there is joint custody, the parent that the child spends less time with is the non-custodial parent.

Reasons for Sole Legal Custody

We have covered the grounds for full custody already.

The grounds for full custody are the same as the reasons for sole legal custody.

The reasons for sole custody are to protect your child from physical harm by the other parent.

These reasons for sole custody are:

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How to Get Full Custody

Old child custody laws had a Tender Years Doctrine.

This meant that the mother should get full custody of their children under 4 years old.

The only reason that mothers would not get full custody would be due to abuse or neglect.

But today, mothers and fathers have equal standing when it comes to getting custody of the child.

The child custody laws believe that the child’s best interest is having both parents in their life.

When looking at who gets full or joint custody, the courts look at:

  • the age of the child
  • the health of each parent
  • each parent’s ability to care for the child
  • the child’s specific needs
  • any criminal history
  • any history of abuse
  • any history of neglect
  • the parent’s existing relationship with the child
  • the child’s relationship with extended family

You’re here because you’re wondering, “How to get full custody of my child?”

How to Get Full Custody of My Child

If you want to get full custody of your child, you have to prove that the other parent abusing or neglecting the child.

The other reason you can get full custody of the child is if the other parent is moving out of state.

But none of these reasons guarantee that you will get full custody.

They are just how to get full custody.

The best way to prove that your ex is neglecting or abusing your child is by documenting it.

The best form of documentation is videos. It captures the audio of the situation.

It’s also much more in-depth compared to a single photo.

Give these videos to your child custody lawyer.

They understand how to present evidence of abuse and neglect based on child custody laws.

Consult with your child custody lawyer on whether you should call the police.

If your ex is moving out of state, this is another way on how to get full custody of your child.

Usually, it’s in the child’s best interest to not uproot them.

Keeping them in the same schools, around family, and with their friends is usually in their best interest.

You will need to modify your child custody agreement with your ex if they are moving out of state.

If they are moving out of state with child no custody agreement, then they are entitled to equal time with the child.

It’s important to get your child custody orders quickly in this scenario.

If I Have Sole Custody Do I Have to Allow Visitation

One of the questions we get asked a lot is if i have sole custody do i have to allow visitation?

If you have sole custody, you have to allow visitation.

The parent with sole custody cannot deny visitation from the child’s other parent.

The only exception is if it gets approved by the court to not allow visitation.

Most states believe that it’s in the child’s best interests to have the child seeing both parents.

Even if you got sole custody, you’ll have to adhere to a visitation schedule.

If you do not have a visitation schedule and you do not allow your spouse to see the child, then they can file for contempt.

If you believe your child is in danger with your ex, then you can deny visitation.

This is true even if your child custody order defines a specific visitation schedule.

You should consult your child custody lawyer before denying visitation, even with full custody.

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Full Custody for Mothers

Getting full custody for mothers used to be a lot easier.

Nowadays, fathers and mother have equal rights to the child.

Before we look at full custody for mothers, let’s look at how can a mother lose custody of her child.

Then, after we have that understanding, we can look at how can a mom get full custody.

How Can A Mother Lose Custody of Her Child?

A mother can lose custody of her child if she is deemed unfit to be a parent.

An unfit parent cannot provide a safe, secure, and nurturing home for the child.

A mother is also unfit is she has been:

  • abusive
  • neglectful
  • failed to provide proper care

Any of these are reasons that a mother can lose custody of her child.

Other reasons that the mother can lose custody is if she gets:

  • a mental disturbance
  • addicted to drugs
  • addicted to alcohol
  • anger management

And violation of custody orders or criminal activities is also how a mother can lose custody of her child.

How Can a Mom Get Full Custody?

A mother can get full custody if she can prove that it’s in the child’s best interest.

If you’re looking at how can a mom get full custody, the courts look at:

  • your existing relationship with the child
  • stability of the home you provide
  • inability of the father to meet the child’s needs
  • father’s lack of involvement
  • father’s inability to financially support the child
  • father’s abusive or neglectful behavior

Even if you do get full custody as a mom, the father will still have visitation rights.

You’ll want to hire an experienced child custody lawyer to go to battle for you.

They are the most experienced when it comes to how to win a child custody case for mothers.

And they know how to win custody battles.

Custody Battle Tips for Mothers

Custody battles for mothers are very stressful.

When you are up against a custody battle as a mother, you have to have a solid plan to prove your case.

Here are some custody battle tips for mothers.

  1. See if you can figure out a child custody agreement with your ex.
  2. Hire an experienced child custody lawyer.
  3. Make sure your living situation is optimal for raising the child.
  4. Educate yourself on their medical history, extracurricular activities, and school activities.
  5. Be willing to cooperate with the father on custody and visitation.

Now that you have prepared for the custody battle as a mother, it’s important to look at what the courts look at.

  • Providing documentation. This includes financial records, the other parent not showing up, and the child’s well being with the other parent.
  • The better parent. Remember that your idea of who the better parent is may not align with the court’s idea of the better parent.
  • Bringing witnesses. If you can, focus on bringing people outside of your family. These are teachers, neighbors, daycare people, or church friends.
  • Court etiquette. A first impression is everything. If you show up in drabs versus getting dressed up, the judge will have a bad impression of you. Also, make sure that you have a positive, happy, and helpful attitude.

How to Get Custody Back from Father

Wondering how to get custody back from fathers?

You’ll want to modify the child custody orders.

It’s normal for mothers to try to get custody back from the fathers.

The child’s needs, interests, and activities change over the years.

It’s common for parents to modify child custody orders every 2-3 years.

If the parents agree on a new child custody agreement, then they can fill out the paperwork and file it.

If they do not agree, then the parent requesting the change needs to file for a modification of child custody.

When changing a child custody order:

  • You have to show that there has been a change in circumstances.
  • Prove that the change is in the child’s best interests.
  • Ask your mediator at Family Court Services to make sure you don’t have to go to mediation.

You will most likely need to show up to a court hearing to get custody back from the father.

These are the things you need to do when modifying child custody:

  • Complete the Request for Order. Work with your attorney to have these properly filled out.
  • Review the court forms. Your attorney will review these, but also have the family law facilitator review it too.
  • Make two copies of the papers.
  • File the Request for Order.
  • Schedule a court hearing date.
  • Serve your papers to the other parent.
  • File your proof of service.
  • Go to the court hearing.

Getting child custody back from the father is going to be a tough battle.

You need to have a child custody lawyer on your side.

Any slip-ups or being unprepared can make you lose the custody battle.

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How Does a Father Get Full Custody?

When considering how does a father get full custody, the judge does what’s in the best interest of the child.

The judge will determine if the mother is unfit to raise the child.

If she is, the judge will grant full custody to the father.

But what are the chances of a father getting full custody?

What Are the Chances of a Father Getting Full Custody?

Fathers have equal chances of getting full custody as the mothers do.

The child custody laws are set up where both parents have equal chances to get full custody.

Again, hiring the best child custody lawyer that you can find is the best way how to win full custody.

How to Get Full Custody as a Father?

Now that you know that your chances of getting full custody as a father are equal, how do you get full custody as a father?

While fathers have equal chances of getting custody, getting custody as a father requires more work.

You’ll have to consider the following:

  • Proving paternity.
  • The mother’s wishes.
  • The child’s wishes.

If parents are not married, the courts will assume that you are not the father.

For unmarried parents, fathers have to have a DNA test done to prove paternity.

If the parents are/were married, then the husband is automatically considered the father.

(It doesn’t matter if the husband is the father or not when the parents are married.)

If the mother’s wishes are to also have custody, then it’s going to be hard to get full custody as a father.

The courts want to give the child equal parenting time.

This is why they try to give parents roughly equal custody of the child.

When it comes to how to get full custody as a father, the mother will have to be deemed unfit to raise the child.

The judge will do what’s in the best interest of the child.

If the mother is abusive, or neglectful, the father can get full custody of the child.

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Getting Full Custody of a Child

Fathers get about 35% of the child custody while mothers get about 65% of child custody.

A parent is only getting full custody of a child if the court deems it’s in the child’s best interest.

Getting full custody of a child is not given just becaise one parent wants it.

The courts have to determine that one parent is unfit and it’s in the child’s best interest to not give them custody.

Who Has Custody of a Child if There is No Custody Order?

Who has custody of a child if there is no court order if a tough one.

If there is no custody order, both parents have equal rights to the child.

But even with equal rights, who has custody of a child if there is no custody order?

Either parent can legally take physical possession of the child at any time.

But taking the child without the other parent’s consent can get held against you.

This is true even though both parents have the legal right to take the child.

You want to make sure that you are acting in the child’s best interest when facing child custody battles.

How to Get Full Custody After Joint Custody

Wondering how to get full custody after joint custody has already been ordered?

It’s important to point out that it is very difficult to modify child custody orders.

If it’s in the child’s best interests, the courts may give you full custody after joint custody.

The main reasons that the court would modify child custody would be:

  • sexual abuse
  • physical abuse
  • abduction of a child
  • child neglect
  • domestic violence
  • violation of child custody orders
  • parental alienation

If you’re trying to figure out how to get full custody after joint custody, just know that it’s not easy.

Full custody gets graned if it is in the child’s best interests.

Full custody is not granted just because one parent requests full custody of a child.

When you are trying to get full custody after joint custody, here are some tips:

  • Prepare financial documentation. You’ll need to show the courts that you are more capable of fully supporting the child. This can include bank statements, tax returns, or pay stubs.
  • Do not lie. This is a violation of the court laws and can lead to contempt or criminal charges.
  • Don’t talk down on the other parties. The courts don’t want to see you belittle, make fun of, or insult the other parent. This is a poor reflection on you alone.

Over to You

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