Full custody, also called exclusive custody, involves the delegation of all rights to a single parent. A parent can have sole custody (and therefore be the only one to decide for the child) physical or both. Most judges grant joint custody rights but if one of the parents is abusive, has an alcohol or drug problem or something that makes him or her unsuitable for their role, the court may decide for sole custody for the other's benefit. If you are interested in understanding what it takes to have full custody of your children, read this article.
Steps
Method 1 of 2: Part One: Complete the request
Step 1. Talk to a lawyer
Applying for exclusive custody is not something that can be dealt with overnight. You will need to hire a family law expert to help you and present the necessary papers and include any important information that will secure your custody. If you fill out forms incorrectly or miss important information, you may end up with a custody agreement that doesn't meet your child's needs.
- Look for an attorney with a good reputation and several years of industry experience.
- It is not mandatory that you work for yourself. If you choose not to hire it, you will have to worry about doing extensive research to understand what questions to ask and how.
Step 2. Go to court and tell the clerk that you want to apply for custody
Each country has different rules but each requires a specific question. The type of application you will have to submit will be determined by the circumstances. Tell the clerk that you need a hearing for exclusive custody and ask to initiate the procedure. Your attorney should know the correct forms. Here are some types of applications you can submit:
- To review or update an application that is already in progress. If there is already a custody agreement you will need to apply to change the agreement.
- Application for custody. If there has never been a hearing, this will be the first question to ask.
- Application to establish paternity and determine custody. If you are unsure of your paternity, you can request proof before proceeding with exclusive custody.
Step 3. Fill out the papers and submit your application
In addition to the question, many courts want a model they can use to describe the legal and physical aspects of custody. If your rights have already been established, you will need to explain why you want to change them. You will be asked about specific aspects of your child's care. Detail this report along with your question.
- Check all the papers well before they go on record.
- Make two copies, one will go to the records and the other will have to be given to the other parent. The original will go to the court.
Step 4. Get in court on the day of the mediation
Once you have submitted your application, you will need to show up on the scheduled date for mediation. Both parents will have to show up to reach an agreement or be sent back to the hearing.
Method 2 of 2: Part Two: Prepare for the hearing
Step 1. Send your custody application to the other parent
In order for the case to continue, those who were married to you also need to know what you want to ask. The delivery of documents varies from country to country, but in most cases, you won't be able to carry them yourself. You can apply to the court or hire a specific service.
Step 2. Record the delivery
Those who bring the documents must prove that they have done so. When you have the papers ready, you will need to go back to court and record evidence that the other parent has been served.
Step 3. Prepare the supporting evidence for the case
Although it is rare for a judge to give sole custody to a parent, there are factors that weigh on the final decision and can tip the judgment to one side or the other. You will specifically need to prove that the other parent is not suitable. Collect documentation in the form of complaints, medical certificates, and testimonies to demonstrate the danger the child has been exposed to. Here is what the judge will take into account when evaluating the parent:
- Work history. A parent must be able to hold down a job and / or be physically fit to provide for the material needs of their children. However, even if the parent does not have a suitable employment, most judges will not see this as a reason to deny custody or at least access rights.
- Home. A suitable parent can provide children with a safe home. Provide evidence that the other person does not have a stable situation.
- Abuses. Any history of sexual, physical, emotional, substance or other abuse is always analyzed and seriously considered in court and is one of the biggest reasons influencing the decision when it comes to exclusive custody. Collect complaints and other evidence.
- Health. Parents need to prove that they are physically and emotionally capable of looking after their children.
Step 4. Go to court mediation
You will be able to reach an exclusive custody agreement with the help of a mediator. However, if you and your spouse cannot reach an agreement, you will need to return to the hearing and discuss the case in the court. Your lawyer should be there to help you every step of the way.
