Getting a divorce is hard, but what’s even harder is putting your kids through this separation. However, sometimes, things call for sole custody and you have no choice but to take your kids out of an unwanted situation as fast as you can with a child custody lawyer on your side. Here is how you can get full custody of your child.
What Is Full Custody A Child?
Full custody or sole custody is the case where the child lives with one parent immediately and effectively, after divorce. There are different cases in which the other parent can or cannot get visitation rights for the child. It’s an important step to take, especially if you feel like your child is better off staying with you and that you both have a promise of a happy life ahead, once you let go of the toxicity the other partner is causing.
There can be many reasons why a parent applies for full custody of a child and it may include:
- Neglect of the child by one parent
- The parent is unable to provide for the child
- The parent can’t fulfil the rights of the child
- History of abuse from the parent
Full custody cases are a bit different than partial custody because the parent trying to get custody of the child has to prove the inability of the other parent to take care of the child, in court and that can be hard, at times.
How To Get Full Custody?
If you are also in the same boat and want to get custody of your child, then these are the steps that you should follow:
Figure Out The Parentage
First things first, you’re going to have to figure out the heritage of the child. Sometimes, children can be a product of an extramarital relationship and it’s really important to pinpoint the DNA of the child, to proceed with the custody case. If you can prove that the child is yours through a proper DNA test, then things can move forward.
What Your Child Wants
Believe it or not, your child’s interests are also taken into account when full custody is involved. Usually, courts tend to go for joint custody as the child should stay with both parents, even after the divorce, for the sake of normalcy.
However, if you’re trying to aim for full custody of the child, then you need to convince the judge that shared custody is not the best option for the child and that he/she would be happy and safe if full custody is considered. Courts work on evidence, so you’ll need to provide it by the handful if you want a better chance of winning this case.
Know Your Motive
It’s highly crucial to establish your motive in front of the court. You need to give proper and clear reasons as to why you’re trying to get full custody of the child. Are you trying to get out of a toxic relationship that’s affecting your child too?
Are you and your child a victim of abuse? Is the other parent being neglectful towards the child? These are pretty solid accusations to make in court and if you’ve been a victim of any of the above, then evidence is going to pave a path for you.
Get An Attorney
Once you’ve established the fact that you’re trying to get full custody of the child, the next order of importance is to figure out who you will need to navigate through the court process. For this, you’ll need a family attorney Fairfax VA who specializes in full custody cases and has experience working on similar cases before.
Yes, getting a lawyer will be expensive, but sometimes, things just can’t settle on their own and you need to get some legal help to educate yourself through the next steps and measure the consequence of every action before actually implementing it.
Gather Evidence
For a full custody case, evidence is going to be the be-all and end-all of the result you’re expecting. If the life of your child is miserable at home and you want to take them away from this debacle, then you’re going to need to provide evidence in court to support the claims.
Whether it’s abuse, neglect, or general rifts in the house that could be damaging to your kid’s upbringing, you need to show proof to the court that your child is not living a happy life with one parent and it’s better if the decision can be reversed and sole custody is offered.
Convince The Court
Providing evidence is one thing, and convincing the court/judge is a whole different task in itself. Yes, the court needs evidence, but they also want to talk to the child sometimes, especially if they’re aware of what’s right and wrong.
This is where you will need to convince the court to your maximum capability that the child is happy with you and all of the basic needs are being provided. You may have to show that you have succeeded in overcoming the mental trauma of divorce and you can take care of your child.
So, it’s simple really. If you’re taking good care of the child, the court will see it too.
Documentation
The next part, after gathering the evidence with your attorney, is filling out forms and attaching proper documents with them. A child custody form is a type of document in which you’re officially asking the court to review your case.
As for the documents you need, things like your financial standing, bank statements, any information on debts and loans, DNA test to prove that the child is legally yours, birth certificate of the child, etc., are included. All of these documents need to be updated with the current laws and amendments because that’s going to make things easier for you.
Look Your Part
While convincing the court, you also need to look presentable in front of the people who are going to decide whether the child will go with you forever or not. Dressing appropriately is a thing that not a lot of people take into account, especially when child custody cases are concerned, but the judges will notice everything, from the way you dress to how you compose yourself.
This is why you need to put in a bit of effort in how you present yourself in front of the court because it will only play out in your favor.
Believe In The Process
You are going to have to be patient with the process. Court proceedings and the duration of these meetings can exhaust you, as a person, but you need to think about why you are doing this.
So, give it your all. Gather and provide correct information and leave the rest to the advocates of justice. You have done all that you can, and now it’s time to put your trust in the process. This will make it easier to deal with everything.
Conclusion
Sole custody cases can seem hard to win, but if you have rock-solid evidence, then there’s no way that your case is going to be set aside. Make sure to hire an expert child custody attorney Fairfax VA to improve your odds.
