How to Seek Full Custody: What to Know

Data from the Pew Research Center shows that approximately 1 in 4 children in the U.S. live with a single parent.

Seeking full custody of a child is a major legal step that typically arises when one parent believes it is in the child’s best interest to live primarily or exclusively with them. 

When making custody decisions, the courts consider several factors that will provide for the child and make sure they are safe from all kinds of harm, abuse, and neglect.

Often referred to as sole custody or legal custody, full custody does not automatically exclude the other parent but may limit their rights depending on the circumstances. 

Let’s learn the essential steps on how to win full custody for your child.

Legal Custody vs. Physical Custody: A Necessary Distinction

Full custody is one of several characterizations a family court may apply, among others. Most family court systems do distinguish between kinds of custody and expect that a petitioner prepared for full custody will do as required by specifying which form of legal custody or physical custody (or both) they are pleading for.

Legal custody involves the right to make major decisions related to the child's upbringing regarding education, health, and religion. Physical custody points back to the residence of the child and the person who shoulders the supervision of the child, making it a sole or joint type of custody.

It is most often the case where the parents have joint legal custody (meaning that both parents can make major decisions concerning the child), but only one parent has "sole" physical custody (meaning that the parent largely has the child live with them). 

The ideal candidate who can provide for the child will obtain sole legal custody and gain optimal power to make important decisions. The other parent will receive visitation rights.

If you are in a situation that requires determining a child custody arrangement, you must understand your options, says Irvine child custody lawyer Christopher Engels. You can learn how to create an agreement that works for everyone.

The Best Interests of the Child Standard

All states enforce a modified best interest of the child standard in the custody decision. The main goal of this investigation seeks to identify the most suitable living arrangement for the child. This promotes their physical and emotional development and overall health.

Courts consider factors such as the child’s age and health. They also look into each parent’s ability to provide a stable and loving home and if they have any history of abuse or substance use. They examine the child’s ties to school and community and each parent’s willingness to support the child’s relationship with the other parent.

Parents who disturb the parenting time of the other parent may face consequences. This is because their actions made it impossible for the other parent to see their child. The courts show concern about the children's capacity to maintain optimal care ratios that require equal time with both parents.

The court may order custody evaluations to be conducted by mental health professionals who interview the child and both parents and provide recommendations to the court. An evaluator's insights could greatly shape the final decision of the judge.

When Courts Award Sole Custody

It is not just because a parent asks the court for sole custody that the court would necessarily award it. Courts may award sole custody only when the facts dictate that such an arrangement is truly in the child's best interest, health, safety, stability, and welfare, including, in extreme cases, where there is a history of abuse, neglect, substance abuse, or domestic violence. 

Despite these concerns, a court can always allow some visitations to continue, but with limited access and supervision, when this is the most beneficial to the child.

Parents who want to achieve sole custody must present all evidence they have to prove their need for custody to the court. The requirements will include medical records, school records, police reports, all previous protective orders, and documents that show the child's relationship with the parent who is moving.

Mediation and the Court Process

In certain states and districts, parents may be required to mediate before a judge decides on the custody case; sometimes mediation is strongly recommended. The process of mediation requires parents to meet with a neutral mediator who helps them find a solution that serves their children's best interests without judicial involvement.

The jurisdictional requirement of mediation determines whether it should be mandatory or voluntary with exceptions for domestic violence cases. The court needs to approve all mediation agreements before they become legally binding.

If mediation fails, the case will proceed to court. In this case, both parents will have to present their evidence. The judge will eventually make a decision after assessing all presented information.

Relocation and the Limits of Sole Custody

Despite sole physical custody being given to one parent, due to the other parent's court-ordered parenting time, that parent might still be subject to notice requirements, geographical restrictions, or a court to sanction moving the child or making changes in the child's life. 

The rules on relocation differ among states as they rely on court orders that establish custody arrangements. So it would be best to consult a family law attorney first before initiating the relocation.

At the interstate level, the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA), adopted by 49 states, the District of Columbia, and various U.S. territories, dictates which state has jurisdiction to issue and modify custody orders. 

The UCCJEA retains home-state jurisdiction to proceed on a custody matter. Also, it is ruled that one parent generally cannot obtain jurisdiction by moving a child from the jurisdiction that has already issued an order or obtain an order for the child to effect a change of jurisdiction. 

The UCCJEA requires any court in another state to recognize and enforce a legal custody order issued in the home state.

The Role of a Family Law Attorney

Attorneys in the jurisdiction in which child custody battles are being fought are aware that each state has considerations with regard to procedural due process, evidentiary standards, and jurisdictional issues. 

Based on the facts of the case, the family law attorney in that jurisdiction will then assess whether the client has a viable claim for sole custody, what evidence needs to be gathered or presented, and how to handle the court's procedures. 

The presence of an adverse attorney presents an entirely different thread regarding the unpreparedness of the individual litigant. If you face an opposing party who likely has a lawyer, you shouldn't try to proceed alone. It simply wouldn't be a well-informed decision.

The burden of proof, that the best arrangement is in the best interest of the child or children, is carried by the party pursuing sole custody of the individual. One must prove that it is best for the child. The details of legal versus physical custody, how they are determined based on the best interest of the child, and what needs to be covered when parents wish to relocate are preliminary steps in an effective custody case.