Full custody, also sometimes referred to as sole custody, is awarded to just one parent. This custody decision, just like other custody decisions, is made in the best interest of the child. A parent who has sole custody gets to enjoy many benefits such as having custody on both an exclusively physical and legal level. This is one of the rarest child custody arrangements, and happen to be limited to situations where one parent has been deemed unfit or incapable of having responsibility over a child. A situation that might warrant this situation is when a parent has an ongoing drug issue, or in a situation where the child is being abused by a parent. In this situation, the non-custodial parent will usually have set visitation periods to see the child.
Now that you understand this, you may have some questions. If you are attempting to get sole custody of your child because of an issue with the other parent, it is important to understand the background of sole custody and just how rare it is to receive. However, if you believe that your situation warrants it, it could be possible through the courts. Of course, this is a very tedious process and you should know the ins and outs.
What You Must Show to the Court
If you are requesting full custody of a child in California, you must submit very persuasive evidence to the court that it is in the best interest of the child. California actually favors frequent and regular contact with both parents, which is why full custody is so rare. You cannot just use your word against the other parent – you must have more evidence than just this. The two most common issues that become the center of child custody cases is when a child is being abused or one parent has a substance abuse issue. However, there are other issues such as when domestic violence is involved in the family or one parent has abandoned the child. Here are some of these reasons explained, and how full custody may be determined:
Child Abuse Accusations: Child abuse accusations are a very viable reason to seek full custody in California. This is why, if you believe that child abuse is happening, you should report it immediately and not take the matter lightly so that you can help make your case later on. It may be an uphill battle trying to convince the judge that there is an emergency and custody needs to be determined. If you can show that the child needs protected, you can make your case. By reporting to child protective services and documenting every instance of abuse, you are working toward your child’s future as well as your own – and putting them in your open arms.
Parent with Substance Abuse Problem: This is another instance where one parent must be able to show substance abuse problems through evidence. However, if the other parent has evidence that they were part of substance abuse programs and looked for help, this can go a long way in the eyes of the court. If you have overwhelming evidence and the other parent attempts to hide that they have a problem, this will usually not bring the best results. Do your best to protect your child and make your case.
Domestic Violence in Family: In many cases, if one parent has brought domestic violence issues into the relationship, they will not retain custody and full custody will be given to the other parent. However, once again evidence becomes a large part of this and the judge will make the final decision based on what they’ve seen.
Child Abandonment: If child abandonment can be shown, the court could take action and grant sole custody to one parent. If one parent has not shown any financial or emotional interest in the child, they run the risk of losing custody. When bonding between parent and child no longer takes place, rights can be relieved.
If you are hoping to gain full custody of your child, the process can be quite long and complicated. This is why it is in your best interest to have an attorney on your side to help you through every step of the process. Call us today at The Law Offices of Amy M. Montes for more information on your case.
