How to Get Full Custody of Your Child?

Divorce is never a good thing for a couple. And if there is a child involved, it can be even tougher. You and your ex-spouse may disagree on child custody. But you’ll have to go through a legal battle in court.

Knowing how to file for custody is not enough to win a custody battle. You’ll have to see the type of custody a judge can verdict. And if you want full custody, things can be challenging.

In this article, we will look at how to get full custody of your child. There are quite a few things to consider. So, here is a complete discussion.

Types of Child Custody

Before we get into full custody, you need to know the types of custody options. Different custody agreements have different custody laws for child and parenting rights.

Here are four types of child custody you will come across during the court fight.

Physical custody

Physical custody means physically getting the child. This type of custody refers to the child spending the most time with one parent. The child will also live with the parent who gets physical custody.

Joint physical custody is the most common form of physical custody. This means that both parents get equal time with the child. But any one of the parents is the legal guardian of the child.

Sole physical custody is an option as well. This decision comes when one of the parents lives far away. Or, if one of the parents poses a potential danger to the child, the other parent will get sole physical custody.

Legal custody

Legal custody allows one of the parents to make legal decisions for the child. This includes education, healthcare, religion, and others. Legal custody can also be either sole or shared.

In sole legal custody, the custodial parent doesn’t need to consult with the non-custodial parent. But joint legal custody is much more common today. It gives both parents the power to decide important aspects of the child’s life.

Full custody

Another name for full custody is sole custody. As the name suggests, full custody gives one parent all the legal authority over the child. But it is the toughest decision to get in your favor.

In a full custody arrangement, you get all the rights over the child. But the other parent can still see the child. You will be determined to be the legal parent of the child. And so, you can also request the court for supervised visitation from the other parent.

Joint custody

Joint custody is mostly common anywhere in the world. Both parents get an equal share of the child. This means that both parents are legally authorized to make important decisions in the child’s life.

Joint custody includes parenting plans. Both parents agree with the terms. Or the court can intervene and ensure that the child gets enough time with both parents.

Factors Considered in Full Custody

After reading the previous section, you might want to get full custody of your child. There are a few factors that can help you make a strong case. So, here they are:

The child’s best interest

Any court will first look into the child’s best interests. As a result, you will need to provide clear and strong reasons why joint custody is not the best option. For example, you can claim that your ex-spouse has substance abuse issues.

Courtroom demeanor

The judge will look into your courtroom demeanor. This helps the judge determine how fit you are for sole custody. For example, the judge will consider not having angry outbursts a good courtroom behavior.

Courtroom attire

The dress you wear in court during the legal proceedings is also very important. The judge will look into your attire inside the court before giving the verdict. It is an excellent practice to be formally dressed inside the court.

Case Preparation

Your preparation also matters a lot to winning full custody of your child. You have a case in your hand, and you need to win it. So, you must be fully prepared with strong evidence and documents to support your claims.

Legal Consideration of Getting Full Custody

There are a few legal considerations for full custody as well. They can vary from state to state. But every state court will look into these matters before making a decision. Any court will look at the following:

• Incarceration
• The child’s paternity
• The relationship of each parent with the child
• The distance between each parent and the other
• History of domestic violence or substance abuse

The court proceedings are extremely lengthy and complex. As a result, you might try to come to a sole custody agreement with your ex-spouse outside the court. But in most scenarios, this is highly unlikely to happen.

So, what do you do in such a situation? You will have to reach out to the court and file a case. You and your ex-spouse will need to go through a legal battle. The judge will eventually decide on the matter.

What is Considered as the Best Interest of Your Child?

Family courts in Canada will always consider the best interests of the child. In most cases, joint custody is considered the most beneficial one. This is because the child gets equal time and availability from both parents, even after their separation.

However, knowing the best interest checklist can help you request full custody. You will have to prove that you are the one to ensure them for the child. And the other parent does not have the best interest of the child.

So, judges will consider the following things in making custody decisions:

• The parent’s ability to offer security and stability to the child
• The ability of the parents to fulfill the basic needs of the child
• The relationship between the child and each parent
• The preference of the child, if the child is mature enough to express opinions
• History of domestic violence, substance abuse, or negative influence
• The house location of the parents

If any of them negatively impact the child, the judge will make a decision accordingly.

Why You Should Get Full Custody of Your Child?

Seeking full custody of your child has many underlying reasons. Of course, you want your child to always be with you. But you will also have to think about the child’s safety and need for fulfillment.

The first thing to look into is the security of the child. Does the child have enough protection at the other parent’s house? Does the other parent harm the child in any way? If there is not enough protection, you can seek full custody as a protective measure for the child.

Then comes the physical and mental health condition of the other parent. You should consider full custody if the other parent is mentally unstable. Mental illness can bring unpredictable circumstances to a child’s life. It is better if the child stays with you completely in such a situation.

Another important consideration is substance abuse. The other parent could be an alcoholic, or the other parent may be using drugs uncontrollably. This can trigger child abuse at home. As a result, you should not doubt seeking full custody in this case.

How to Get Full Custody of Your Child in Saskatchewan?

So, now that you have decided to seek full custody, how do you get it? There are some things to consider. We have already covered those factors. But there are more!

At first, you will have to prove to the court the relationship between you and the child. It needs to be healthy, loving, and aligned with the arrangements. This also includes proving that you can provide the child with a secure and stable home.

Now comes the topic of the other parent. You will have to prove that the other parent is incapable of providing these to the child. Your ex-spouse does not have a strong relationship with the child. And the child has risks of abuse and harm from the other parent.

Here are some situations from the other parent that can make the judge rule a verdict in your favor:

• Domestic violence
• Substance abuse
• Sexual or physical abuse
• Mental health illness
• Incarceration
• Relocation
• Abandonment

So, you will need strong evidence and documents to support your case. Also, you will need to cooperate with the court. There are many legal things to consider as well. So, find a good lawyer to support you through the process.

How to Get Full Custody of a Child Without Going to Court?

To obtain full custody of a child without going to court, both parents need to agree to this arrangement. They can create a legally binding agreement, often called a parenting plan or custody agreement, outlining the terms of custody without involving the court.

This can be achieved through negotiation, mediation, or with the help of lawyers to draft and finalize the agreement, ensuring it reflects the child’s best interests and both parents’ consent.

Conclusion

So, now you have some idea about how to get full custody of your child. You must think about what the child needs and desires. The court will also consider the child’s best interest at any cost. Full custody is a rare decision to come from the court. So, you will need to have a strong case to win the battle.

Regina child custody lawyer can be instrumental in guiding this process, advising on the necessary documents and evidence required to present a compelling case in court. They can provide legal expertise to ensure you’re gathering the right kind of proof to support your case effectively.

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