Family courts are usually in favor of both parents having joint custody over their children after separation. This arrangement allows children to adjust to a new living environment with fewer changes. However, some cases grant the children’s full custody to one parent for specific grounds.
Custody cases involve consideration of the guardianship that a parent or both parents can provide for a child’s well-being. So, how can it be possible for a single parent to take sole custody over his/her children?
First, let’s define what full custody means and what does it entail.
Full custody is also sometimes called “sole custody.” It involves giving the parent legal and physical custody over the child.
- Physical custody grants a parent the responsibility to take care of the child under his/her roof.
- Legal custody grants a parent the responsibility to manage decisions over the child’s major life aspects. It mainly involves resolutions on all factors that affect the child’s development, such as education, medical care, and religious engagements.
If a parent can warrant that he/she alone is capable of raising the child, the court shall consider giving full custody. It does not always suppress the rights of the other parent to spend time with their children. They may have visitation rights to allow them to have scheduled meetings according to the guidelines provided by the court.
What Are The Grounds For Full Custody
The chances of a parent having full custody of a child can increase by providing supporting evidence in two ways: (1) the parent has full capability of sustaining the holistic needs of a child and (2) the other parent is incapable of providing for the any of the needs of the child alone.
Factors that provide a good image of a custodial parent:
- Ensuring the child’s welfare in adjusting with the separation and moving on with their individual life.
- Presents the best conditions in fulfilling the duties of a responsible parent.
- Follows the parental orders of the court during the ongoings of the case and after.
Factors that could possibly deny the other parent of a child’s custody:
- Lack of involvement in fulfilling parental responsibilities.
- Non-conforming behaviors that are against the court’s requirements.
- Financial incapability that affects the ability to provide the child’s needs.
- Domestic violence towards the child that might be happening in the home.
Among many other factors that can influence the decision of the court, the statements above play a great role in the guidelines of getting a child’s full custody.
The court will always look at the child’s best interests when deciding over their custody, whether it goes to one or both parents. If there is more than one child, the presiding judge shall aim to secure that the siblings stick together. As much as possible, the goal of custody cases shall minimize the impact of the separation on the lives of the children.
It also within the objective of the custody case that both parents divide their responsibilities and remain in the lives of the children. Nevertheless, if deemed necessary, the family court can also decide to give full custody of the children to one parent, according to the grounds stated by the law.
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