What Full Custody Means and FAQs Answered

When it comes to child custody, there are different types that can be awarded by the court. One of the most common arrangements is full custody. In this article, we will explore what full custody means, how it is determined, and address some frequently asked questions regarding this type of custody.

What is Full Custody?
Full custody, also known as sole custody, is a legal arrangement where one parent has primary physical and legal custody of the child or children involved. This means that the child resides primarily with one parent and that parent has the authority to make major decisions regarding the child’s upbringing.

How is Full Custody Determined?
Full custody is typically determined by the court taking into consideration the best interests of the child. Factors such as the child’s relationship with both parents, the ability of each parent to provide for the child’s needs, any history of abuse or neglect, and the child’s preferences, if they are of sufficient age and maturity, are all considered in making this determination.

FAQs About Full Custody:

1. Can full custody be temporary?
Yes, full custody can be temporary. It may be awarded in situations where one parent is unfit or temporarily unable to provide care for the child, such as during a period of substance abuse or mental health issues.

2. Can full custody be reversed?
Yes, full custody can be reversed if there are significant changes in circumstances that warrant a modification of the custody arrangement. This may include a change in the parent’s ability to provide for the child, a change in the child’s best interests, or evidence of abuse or neglect.

3. Can the non-custodial parent still have visitation rights?
Yes, in most cases the non-custodial parent is granted visitation rights unless there are reasons to believe that visitation would be harmful to the child, such as in cases of abuse or neglect. The court will determine the visitation schedule based on what is in the best interests of the child.

4. Can full custody be shared?
No, full custody is awarded to only one parent. However, joint legal custody, where both parents have equal decision-making power regarding the child’s upbringing, may be awarded even if one parent has full physical custody.

5. Can the custodial parent move away with the child?
In most cases, the custodial parent cannot move away with the child without the non-custodial parent’s consent or court approval. The court will consider factors such as the child’s relationship with the non-custodial parent and the impact of the move on the child’s well-being before granting permission.

6. Can full custody be modified?
Yes, full custody can be modified if there are significant changes in circumstances that warrant a modification. This may include changes in the parent’s ability to provide for the child, changes in the child’s best interests, or evidence of abuse or neglect.

7. Can full custody be given to a grandparent?
In certain circumstances, full custody may be awarded to a grandparent if it is determined to be in the best interests of the child. This usually occurs when both parents are deemed unfit or unable to care for the child.

8. Can full custody be awarded to a stepparent?
In some cases, full custody may be awarded to a stepparent if it is in the best interests of the child and the court determines that the stepparent has a significant and ongoing parental role in the child’s life.

9. Can full custody be challenged?
Yes, full custody can be challenged if there are valid reasons to believe that the custodial parent is unfit or if there have been significant changes in circumstances that warrant a modification of the custody arrangement. This will require presenting evidence to the court to support the challenge.

In conclusion, full custody is a legal arrangement where one parent has primary physical and legal custody of the child. It is determined based on the best interests of the child, and visitation rights for the non-custodial parent are usually granted. Full custody can be modified or reversed if there are significant changes in circumstances.