Many parents go into divorce proceedings with a partial grasp of how full custody differs from sole custody. Though they sound similar, the two concepts do differ, so you must know what you want to pursue before proceeding to court.
Sole custody entails physical or legal custody; a parent can have one or the other. Contrarily, full custody means awarding both physical and legal custody to one parent.
This piece will explore some crucial concepts to help you comprehensively understand these concepts.
The Nexus between Sole Custody and Joint Custody
Sole custody can be the best option for the kid in some families. Sole custody has six essential factors:
- Sole physical custody involves the child living primarily with one parent while the other has visitation rights.
- Sole legal custody empowers a parent to decide the child’s future and preferences. It includes medical care, religion, and education.
- A parent can hold sole legal and physical custody in some rare cases.
- The parents often have joint legal custody, where one party has sole physical custody. This means the two parents must extensively discuss and agree on crucial issues about the child before implementation.
- Shared custody or joint custody can be either joint legal custody or joint physical custody. It can be both in some cases. Joint physical custody permits the child to live with each parent for a given period, like every other week or part of a week.
- Every state has its own unique perspective of custody, but judges often prefer joint custody because they want both parents to be involved in a child’s life.
Process of Obtaining Full Custody
You may have wondered how to get full custody since we established in the preceding paragraph that the courts prefer joint custody. You must show some features to overturn a court’s preference for joint custody.
Specifically, you must prove that sole custody is in the child’s best interest and that joint custody is not ideal because you and your estranged partner cannot get along well to co-parent the kid.
Almost every state demands the court to prioritize the child’s best interest before approving sole custody. If you cannot convince the court that your request for sole custody is in your child’s best interest, be ready to embrace joint custody. Typically, your best course of action is to get an attorney who can masterfully and logically present your argument before the judge.
Circumstances That Boost Your Chance of Getting Sole Custody
The following scenarios increase your chance of getting sole custody:
Your estranged partner is unable to properly raise the child or supervise them. You also stand a better chance if the other parent has abandoned, abused, or neglected the child.
Further, you stand a fair chance if you have a more flexible work schedule or you are more available to care for the child than the other parent. Your chances are better if the other parent poses a threat to the kid and you have a protective order against them.
Some states allow a child old enough to express their preference to have input in the process. If the child has special needs and you are in the best position to meet those needs, the court will tilt toward you.
You also have a better chance with your partner if the child bonds well with you and is doing fine under your care. The court will see no need to change the child’s custody again. In addition, you can get sole custody if you are the primary caregiver and your ex has an minimal contribution to the child’s upbringing.
The court will give you a nod if you are the better parent in ensuring the child’s educational success. Your chances will significantly increase if you are more financially stable than your estranged spouse. Similarly, you may convince the court for sole custody if you offer the child a more stable home setting, including attention, food, and shelter.
The court will also not align with a partner with serious issues, such as domestic violence cases, substance misuse, and mental health issues that can affect the child’s upbringing.
Do Mothers Have an Advantage Over Fathers?
In the past, most states used to award sole custody to mothers rather than fathers due to different reasons. However, the laws in almost every state have empowered both parents to have a chance of getting custody. Despite these legal changes, some judges still agree that the mother is best suited to be the custodial parent.
Your chances of getting a child’s custody depend on your state, as some states are better than others in allowing you or your ex to have an equal opportunity to get sole custody. Ultimately, you should seriously consider hiring a family attorney to defend your interest because getting custody is too crucial for you to handle alone.
