Table of Contents

• What Does Full Custody Mean?
• Factors That Dictate Full Custody
• Steps To Help You Obtain Full Custody
• Consult A Family Lawyer
• Document Everything You Can
• File A Custody Petition
• Prepare For Court Proceedings
• Provide And Demonstrate A Stable Environment
• Keep The Child’s Best Interest In Mind
• Obtaining Full Custody With The Help Of KNK Law

Divorce is an emotionally taxing task that often hurts more than just the couple getting a divorce. Obtaining full custody of your children during a divorce can be extremely stressful. For parents, obtaining custody of their children is all about safety, but the legal aspects and manipulation of their soon-to-be spouse can make it even more serious. Let’s look at what it takes to obtain full custody and how you can prepare in this blog.

What Does Full Custody Mean?

Full custody or sole custody is when one parent gets exclusive rights to make decisions about a minor child’s life. These decisions can be about where they go to school, where the family lives, healthcare, religion, and more. The parent who does not have custody may be granted visitation, while others will have little to no involvement in the child’s life. If the court feels that one parent’s involvement will harm the child, it will automatically grant full custody to the other parent. 

Factors That Dictate Full Custody

There are many different factors that can impact whether a parent is granted full custody. The child having a safe environment is the biggest priority, but several factors can contribute to a healthy and stable home.

One aspect that affects child custody is the parents’ health and ability to cooperate with the courts. Judges will look at physical, mental, and emotional health, as well as whether the parent cooperates with judges and the co-parent during child rearing. Unless one parent poses a danger to the children, the divorcing parents still need to communicate about the child’s needs. 

Other factors that could impact whether you get full custody include:

• History of abuse or neglect
• Special needs or medical conditions that one parent is better equipped to handle
• Child’s preference
• Child’s age
• Stability of the home or location to the child’s doctor, school, or therapist.
• Parental substance abuse or addiction

Steps To Help You Obtain Full Custody

Parents who want to obtain full custody of their child need to prepare for court proceedings. There are different factors and different judges who can impact if you obtain full custody. Here are the steps that you should keep in mind when you want to have custody of your child or children. These steps are especially important if you want to limit the amount of access your ex-spouse will have.

Consult A Family Lawyer

Working with an experienced family lawyer will help set you up for a smooth divorce and custody battle. Family lawyers will be able to provide insight into the legal system and what evidence you may need to collect before going to court. Working with a lawyer will save you from representing yourself during a divorce and can reduce emotional decisions. Lawyers will sit down with you and your spouse’s lawyer to discuss child custody. 

Document Everything You Can

Evidence can be extremely helpful in divorce and custody battles. Text messages, written notes, emails, voicemails, and social media posts can help paint a picture of what a parent or ex-spouse is like when professionals are not around. This evidence can also help paint you in a better light and drive home your point of view. 

File A Custody Petition

There will be multiple forms and paperwork that come with a divorce. You will need to file a Petition For Custody and Support, a Petition For Divorce, or a Summons. Filling out this paperwork will make the legal system aware of your needs and put pressure on your spouse to accept the legal proceedings. 

Prepare For Court Proceedings

Working with your lawyer to help prepare for court or mitigation meetings will increase the chances of you obtaining full custody. A lawyer will help break down legal jargon, explain the next steps, and tell you what they have been working on behind the scenes. If the divorce needs to go through the court system, your lawyer will help prepare you for what to say, if witnesses are needed, and how they plan to represent you. 

Provide And Demonstrate A Stable Environment

One way that judges determine if you get full custody of your children is if a stable environment will be provided to the children. One thing you will have to do is provide evidence or demonstrate that you can provide this environment. Some states may require a home inspection to look for structural issues and cleanliness. Others may require photos or written reports of a stable environment. 

Keep The Child’s Best Interest In Mind

Even if you want full custody, your child’s best interest may not include living with you. Even the best parents may not have the funds, location, or emotional stability to provide for their children without a spouse. If you will be working constantly, are in a different school district, or don’t have the financial means to provide for the child, full custody may not be best for the child. Co-parenting with your ex-spouse can be challenging, but children often thrive when they have both parents who are healthy co-parents. 

Obtaining Full Custody With The Help Of KNK Law

Our family lawyers provide legal help for people in Northern Utah. KNK Law has some of the most experienced lawyers who have worked on many divorce cases, custody, adoption, estates, and more. When it comes to something as emotional as child custody, having legal representation can limit your stress. Reach out to our team to schedule a meeting and see if we are the right fit for your case.