Why can’t you have full custody of your child?
There are many types of custody, including full custody and sole custody. The decision about child custody is dependent on the many factors. One might think about sole custody.
If you are looking for sole custody, it is important to understand why you won’t be able to.
What does it mean for you to have complete custody?
Let’s first clarify what full custody is before we get into the reasons why you might not be granted full custody.
Custody is the legal and physical custody of your child. Legal custody gives you the power to make decisions about your child’s life.
Assume you have sole legal custody. If this is the case, you have full control over the child’s life. While the other parent will not have any say, they are usually granted visitation rights. They will also be responsible for child support payments.
14 Reasons you may not be granted full custody of your child
Here are some reasons a court might deny you full custody.
- A difficult time agreeing to the full custody decision
- Inadequate cooperation during the legal proceedings
- You don’t bond with the child as much
- A history of domestic violence
- Unable to provide a safe environment for your child
- The child can choose to have one parent over the other
- Unstable financial condition
- Incapable to continue the education
- You aren’t physically fit
- You and your ex-spouse have a long distance
- Before the separation, you spent very little time.
- Work responsibilities can make it difficult to give the child enough time
- Already have children to care for
- The child is not old enough to participate in full custody
Four factors considered by the court to grant full custody
Many courts assume that both parents should care for a child, unless there is evidence to the contrary. There are many factors to be considered when granting sole legal custody.
When deciding whether sole custody is appropriate for a particular situation, the court will look at these 4 factors.
- Is it possible for the child to have sole legal custody?
- Is it possible for each parent to make practical decisions about the child?
- Are the parents unfit?
- Does one parent want sole legal custody to ensure that the child is not in the hands of another parent?
These considerations are crucial in any legal custody dispute. However, the laws and practices of each state differ. Check your state’s custody laws.
Separation rights of mother and father
You and your ex-partner are entitled to custody rights as long as you both are recognized by the court as legal parents of the child.
However, regardless of marital status, a mother becomes the legal parent of any child that she bears. Unmarried fathers must prove paternity, but this is not the case.
You must prove that you are the biological father or legal guardian of your child before you can pursue full custody. Many states won’t allow you to file custody cases if the child’s paternity remains unknown.
A court cannot use a parent’s gender as a factor in its decision. However, mothers are often the primary caregivers of children. They are therefore more likely to be considered the best interests of their child. In a custody dispute, it is crucial for a father to prove parental fitness.
Is sole legal custody the best choice?
Because it allows parents to make their own decisions, they often prefer sole legal custody. Parents who are having difficulty compromising will not find sole legal custody an ideal solution.
If one parent is more likely than the other to make good decisions, this will work best. The court will grant sole legal custody to the parents if they are both available and capable of making reasonable decisions.
Keep in mind that custody and visitation agreements are not permanent. Any decision made by the court or an individual can be reversed or renegotiated if circumstances change.
You must also remember the best interests of your child. It’s the main focus in most custody battles. The courts will interpret the best-interest clause in a variety of ways.
Please note that custody policies and procedures can vary from one state to the next and from one jurisdiction to another. They are also constantly evolving and changing. Again, ensure you are familiar with the laws in your state.