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.
Also Read :