If you are searching ‘How to get full custody of a child’, you are likely in need of legal support regarding where your child should live following the breakdown of your relationship with their other parent.
At Birch & Co., we specialise in protecting the interests of parents when it comes to their child’s living arrangements. We understand how important matters of this nature are to our clients, and we treat each and every one with the respect it deserves.
Reach out to Birch & Co’s specialist and supportive children solicitors today. Call us on 0191 284 5030 or complete a Free Online Enquiry now to get a bespoke fixed price estimate.
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What Does Full Custody Of A Child Mean?
Before we go on, it is important to point out that the term ‘custody’ no longer has any meaning in law, having been abandoned when the Children’s Act 1989 came into force. The Family Court now refers to arrangements relating to the children of separated parents as ‘child arrangements’, and the relevant court orders are known as ‘Child Arrangements Orders’.
That said, we appreciate that many of our clients still refer to arrangements concerning their children as ‘custody’ arrangements, so, for the purposes of this article, we will too.
When people talk about having ‘full custody’ of a child, they generally mean that the child lives with them, they have responsibility for making major decisions about the child, and the other parent has no or limited contact with the child.
Who Usually Gets Custody Of A Child?
There are no hard and fast rules governing who should get custody of a child when their parents separate. The court will decide each case on its own facts and determine what arrangement would be in the child’s best interests.
That said, the courts usually consider that the child’s interests are best served by their having an ongoing relationship with both of their parents, and both of their parents having a say in how the child is brought up.
Can You Get Full Custody Of A Child?
Despite the courts generally believing that it is in a child’s best interests for both parents to be involved in their upbringing, there are certain situations in which a judge might be persuaded to grant full custody to one or the other of the child’s parents.
Examples of the types of circumstances in which the court might consider granting sole custody to a parent include the following:
• The Judge Believes That Granting Sole Custody To One Parent Is Necessary For The Child’s Safety
If you can prove that your child’s safety would be at risk if they were to spend time with their other parent, the court may grant you full custody. Examples of cases in which a child might be at risk include if there is evidence that the other parent has a history of domestic violence, child neglect, or substance abuse.
• The Other Parent Suffers From Mental Health Issues
Simply showing that your child’s other parent suffers from mental health issues may not be enough to guarantee you full custody of your child. However, if you can establish that those mental health issues place your child at risk or prevent the other parent from taking care of your child properly, the court may award you full custody.
You will need to produce medical evidence of the other parent’s mental health condition, and the judge may wish to speak to medical experts with experience in the relevant fields to evaluate how the condition may impact the parent’s ability to look after your child.
• Your Child Wants You To Have Full Custody
Where possible, the court will take your child’s preferences and wishes into account when deciding on custody arrangements, particularly if they are old and mature enough to understand the possible implications of what they say. You child’s wishes will not be determinative of the outcome, but they may hold some sway.
• Granting You Full Custody Will Ensure Your Child’s Stability
As we have explained, the court’s primary concern when deciding where a child should live and who they should spend time with is the best interests of the child themselves. not their parents. If you can prove that you can offer your child a stable home life and the other parent cannot, the court may take this evidence into account when deciding on custody arrangements.
How To Get Full Custody Of A Child
The process for getting full custody of a child is complex and time-consuming. It involves considering whether you have any grounds on which to base an application for full custody and preparing the applicable court papers and supporting evidence. Before doing so, however, the parties should explore alternative dispute resolution methods, such as mediation or arbitration, in a bid to resolve the issue with the court’s involvement. It is important to remember that your child’s interests, and not your own, or those of their other parent, are what count, and are what the court will consider.
If you need advice on how to get full custody of a child, please contact our specialist family law solicitors to see how we can help.
Reach out to Birch & Co’s specialist and supportive team today. Call us on 0191 284 5030 or complete a Free Online Enquiry now to get a bespoke fixed price estimate.
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