What Are the Grounds for Full Custody of a Child in California?

When Are There Grounds for Full Custody of a Child?

There are more than a few instances that can clearly define when there are grounds for full custody of a child. Should a parent be in a drug treatment program or has been proven to be an addict, that is one instance. Incarceration of a parent is another.

Some other instances in which full custody could be granted would be if evidence of physical or sexual abuse has been provided. The same goes for domestic violence, parental alienation, or neglect. If any court orders have been violated, that could also provide grounds for full custody.

Having a lawyer to help determine whether there are grounds is important. They have the experience and knowledge to make the right suggestions, which could mean pursuing full custody or trying to work out a joint custody arrangement.

What If You Wanted Full Custody?

So, if you have come to the determination that you want full custody of your child or children, there are proper methods for proceeding. The first step is to let your lawyer know. You should also be prepared to provide legal, valid reasons why the other parent should not be allowed to make potential decisions about the welfare, education, and health of the kids.

If your best explanation is simply,

“I don’t want him/her to have them,”

that won’t fly. Even if your spouse cheated on you, that doesn’t really have an impact on their standing as a parent.

The most likely thing that your attorney will do is encourage you to reach an agreement rather than simply fighting it out. Litigation is very expensive and takes a long time, which can take a major toll on you and your family in multiple ways.

Should you be able to reach an agreement with your spouse, that means not having to duke it out in court. That can mean time and money saved as well as the emotional stress that can come with a situation such as litigation.

The goal should be to keep the best interests of the child in mind. Even if you believe that you have grounds for custody, the decision will be with the judge assigned to the case.

Determining If You Have Grounds for Custody

If you feel for any reason that you are due full legal custody of your child, the first thing to do is contact your family lawyer. They have the knowledge and experience to help you determine whether full custody is a possibility and whether or not to pursue it. As touched on above, there are many claims for full custody that are unfounded and result in a joint custody arrangement.

Don’t waste your time and money fighting in court unless you have to. Working with a family lawyer means taking a close look at the current arrangement and whether or not your ex-spouse would likely be able to retain at least joint custody.

At the end of the day, no matter what you feel, it is important to ensure that any decision made is in the best interests of the child or children. After all, it can be all too easy to ignore their needs simply to try to get at a former spouse. But those situations often result in more pain and frustration than they are worth.