How Do I Get Full Custody Of My Child?
As more couples continue breaking up, the issue of
child custody remains overwhelming. Understandably, issues to do with children
remain one of the biggest concerns among divorcing couples. If your marriage
had ended, you might be thinking about pursuing full custody of your child. But
before you decide about the custody, you need to be clear on the motive behind
the step. The Canadian family law is much more interested in the best interest
of the child. Thus, they always advocate for joint custody when a couple
divorces. However, there are situations where one may be allowed to have full
custody.
Winning
Full Custody
Winning full custody for your child is not an
easy task. It requires one to have the right legal information from the best
family lawyer in Toronto. Full custody can also
be termed as sole custody. This is where one parent is given the right to have
physical and legal custody of the child. In other words, he/she is to make all
important decisions concerning the child’s life, and the other parent is not
involved. This doesn’t mean that the other parent cannot visit the child.
However, visitations may not be allowed if it will not be in the child's best
interest. Typically, full custody can be allowed if:
·
One parent has to move out of the state
permanently.
·
The child is exposed to domestic abuse.
·
Mental illness
·
The other parent has a negative criminal
record.
·
One parent has never been involved in
the child's life, or there has been neglect.
In most cases, for full custody to be applied, there
must be an amicable parenting agreement between the parents where possible. If
there are disagreements, then the issue is determined by the court. Such
decisions are never made lightly; laws and procedures must be followed. If you
want to win full custody, you can consider the below points:
·
Be
conversant with your province or territory law:
To navigate the full custody with ease, you have to educate yourself about the
laws relating to custody and parenting. It’s only then you can convince
the court about the need for having full custody.
·
The child's best interest: As
easy as this may seem, it requires the right knowledge since the court has many
factors they consider to determine the child's best interest. Two main factors
may be considered here:
Ø The primary caregiver:
The court may be inclined to look at who has been the primary caregiver after
the separation. Thus, it may be assumed that the child is better cared for by
the one how is taking care of the child currently, and therefore the judge may
grant custody. However, this rule may not apply if the other parent filed a
divorce and obtained the child's legal custody. In such a case, it doesn’t
matter whether you were the primary caregiver. The child can be taken away from
you.
Ø The established status quo:
If, after separation or divorce, one parent took charge of the children even
before any court order is made, the court will be inclined to interpret the
current living arrangements as the best environment for the child and may not the decline from issuing the custody
·
Gather
the right evidence to support your full custody:
the evidence should be in line with the factors that the court will consider.
For instance, if the other parent is abusive, you can have all the relevant
court or police orders showing abuse history. You may also have witnesses to
prove that the other parent has been abusive to the child.
·
Prepare
to argue your case out at the custody hearing:
Child custody battles are complicated. But with a family lawyer, you can be
sure to navigate through with the relevant Canadian custody laws. If you have
legal counsel, make sure to inform or give all the details that may negatively
affect the child custody hearing.
Seeking full custody is not the best decision, not
unless its deemed fit to ensure the child is safe from harm. If both parents
can communicate or come up with a parenting agreement, joint child custody
may be appropriate. Unfortunately, when deciding on full custody, such issues
end up in court due to conflicts involved. Going to trial for child custody is
expensive and time-consuming, both to parents and the children involved. Where
possible, it’s better to have a family lawyer guide you.
Getting A Family Lawyer
To Assist With Full Custody
You must make any decisions concerning child
custody with the child's best interest in mind. The latter is what will be
considered by the judge. Again, getting full custody is not an easy task in
Canada since the court is more inclined to give joint custody. Therefore, one
should consult with an experienced family lawyer to get legal assistance on
winning full custody. With legal representation, you will know your rights and
responsibilities and the laws related to your province or territory.
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