Ideally, both parents should be involved in raising the children after the divorce. However, it is not always possible due to various reasons. If you feel your children are not safe when they are with your co-parent, you can seek full or sole custody.
When one parent has full custody, it significantly limits the non-custodial parent’s interaction with the child. Therefore, the court will not be quick to issue a custody order that affect the other parent’s parental rights without sufficient reasons that it is in the children’s best interests.
When the court may grant full custody
Full custody is preferred in cases where one parent poses a risk to the children’s mental, emotional and/or physical well-being. For instance, your co-parent could be abusive towards the children or neglectful of their needs. Other reasons a judge may decide to award custody to one parent include incarceration and substance abuse.
Evidence is key in custody proceedings. Should you have reasons to seek full custody, it helps to have supporting evidence to back up your claims. Such evidence may include a police report, a doctor’s statement, eyewitness testimony or statements from the children. It can be hard to win sole custody if you do not have enough proof to support your claims.
What you need to do
You may be concerned about your children’s safety under the current arrangement where you share custody with your co-parent. You may wish to get full custody of the children due to your co-parent’s temperament or behavior.
Either way, it is advisable to reach out for help when building your case. With the proper guidance, you have a better chance of convincing the court that sole custody is what’s best for the children.
