Divorce is tough enough on its own. Having children in the proceedings makes it even tougher. There are a variety of circumstances that would lead someone to try to win full custody, such as the death of a parent or the incapacity of a parent to care for the child.
Sole custody indicates two factors: legal custody, which is legal decision-making on behalf of the child, including religion, education and health. It also comprises of physical custody, which pertains to where the child lives. Both aspects must be awarded in order for a parent to receive sole custody.
Here are five factors that can help you get full custody:
You are in good financial standing.
Taking on the responsibility of a child is a large financial undertaking. According to the Department of Agriculture, it can cost as much as $14,000 per year to raise a child. This, of course, depends on a variety of factors, including where you reside, and any other extenuating factors regarding the child’s health or well-being.
You hold a steady job.
Proving you have a steady stream of income that can support a child financially is a good factor, but time is also an important factor in consideration of sole custody. If you have a steady job, but work 60 hours, it may be difficult to convince the court that you can care for the child properly, since a demanding job may contribute to a lack in the child’s physical or emotional support over time. Being granted sole custody of a child is a life changing job in and of itself.
You are emotionally and mentally stable enough to care for the child.
A parent should be emotionally and mentally stable enough to care for a child in order to be awarded custody–full or partial. If there are any instances of abuse, neglect or dependencies, that could jeopardize the potentiality of getting custody. Having a clean environment and lifestyle is optimal to aiding your case in being awarded full custody.
You have the residential circumstances for full custody.
If your residence is within optimal distance for the child to factors already familiar with them, such as what they associate with home or the school they attend, the odds are more in your favor of being granted full custody. Distance from a child’s familiar home is not always a dealbreaker, but can have a heavy impact in order to keep the child’s life as normal as possible.
You have a vested interest in the child’s well-being.
The main interest of the court will be to determine what is in the child’s best interest and life remains as unchanged as possible, in order to prevent disruption emotionally, mentally or physically. If you have a vested interest in the child’s life prior to the circumstance and can prove your strength in interest and relationship to the child, this will support your case for child custody. Close relationships are important to children and they provide that sense of security during this volatile time.
You should ensure you have enough solid documentation to prove that you meet these requirements. Unbiased, objective witnesses are also an important aspect in potentially being awarded sole custody, so make sure you choose credible people who know you, the child, and your relationship to the child well.
If you’re interested in pursuing full custody of a child and need an experienced family lawyer to represent you, contact Craig J. Simon at Simon Law Group, PLLC. With over 35 years of trial experience, Simon Law Group can fight for your case. Contact us today.
