How to get full custody of your child
In an ideal situation, both parents would share equal decision-making authority in matters of their children’s upbringing (referred to as “legal custody“), as well as the right to spend equal amounts of time with their children. However, this scenario, although prevalent, may not always be feasible.
If a parent’s actions, decisions, and lifestyle are potentially endangering a child’s well-being, a judge may grant full custody to the other parent.
Can you ask a judge for sole custody?
Exclusive/Sole custody is a rare arrangement, signifying that one parent is granted all custodial rights, encompassing both legal and physical custody, while the other parent lacks custodial rights. Nevertheless, it’s important to note that having sole custody does not excuse the other parent from their responsibilities, including obligations like child support.
Child custody laws in Georgia put the best interest of the children involved front-and-center. In cases where adults within the family cannot amicably resolve matters, a judge, upon review of the situation, will make a determination based on what they perceive as being in the best interests of the children.
In the majority of cases, it is generally believed that children benefit from ample time spent with both parents, irrespective of the level of conflict between the adults. However, exceptions to this standard do exist. In select circumstances characterized by compelling reasons, one parent can obtain sole custody in Georgia.
Factors for awarding full-custody:
- Incidents of domestic violence.
- Issues related to substance abuse.
- Severe physical or mental health concerns.
- Significant personal instability.
- A voluntary agreement between the parents.
One of the more frequent scenarios leading to one parent gaining sole custody is when the other parent acknowledges their inability to effectively parent due to factors such as a lack of skills, physical distance, or time constraints. In situations where one spouse alleges that the other is unfit for parenting or poses a risk to the children, they typically need to provide substantiating evidence to persuade a judge to support their position.
What the courts considering when granting custody
In Georgia, the standard practice is to base custody decisions on the best interests of the minor child. Unless one parent poses a threat to the child, the typical starting point is to identify the primary caregiver for the minor child. In most instances, the primary caregiver will be granted primary physical custody.
The primary caregiver is the parent responsible for waking the child up for school, assisting with daily preparations, providing meals, managing bath time, taking the child to medical appointments, participating in parent-teacher events, and more. In situations where these responsibilities are equally shared, it becomes more challenging for the judge to make a determination. Factors that may come into consideration include work schedules, the availability of time for the children, stability, the capacity to provide for the child’s needs, and, at a certain age, the child’s own preferences may also be taken into account.
The broad factors that judges analyze are:
- The parents role before the divorce
- The relationship between the parents
- The parent’s fitness to make decisions
- The relationship between the child(ren) and parent(s)
- The preference of the child
Why work with a family law attorney?
If you’re seriously considering petitioning for sole child custody, we highly recommend working with a family law attorney. Sole physical custody means you are telling the courts that you alone are fit to take responsibility for your child or children. Now, while this might seem like a natural decision for you as a parent, for the courts, it is usually a tall order.
In order to convince the courts and present the best possible reasoning for your requests, you need to have a legal team behind you counseling and helping along every step of the way. Give our team a call today to learn more.
