What Is Full Custody and What Does It Mean?

Custody battles can be emotionally challenging and legally complex, particularly when it comes to determining the type of custody a parent will have. One common term that often arises during these cases is “full custody.” But what exactly does it mean?

Full custody, also known as sole custody, refers to a situation where one parent has been granted primary physical and legal custody of a child. In other words, the parent with full custody is responsible for making all major decisions regarding the child’s upbringing and has the right to determine where the child lives.

In the past, full custody was often awarded to one parent while the other parent received visitation rights. However, courts nowadays tend to favor joint custody arrangements, where both parents share physical and legal custody. Full custody is typically granted only in cases where one parent is deemed unfit or incapable of adequately caring for the child.

9 FAQs About Full Custody:

1. How is full custody determined?
Full custody is determined by the court based on the best interests of the child. Factors such as the parent’s ability to provide a stable environment, their relationship with the child, and any history of abuse or neglect are taken into consideration.

2. Can a parent lose full custody?
Yes, a parent can lose full custody if there is a significant change in circumstances, such as evidence of neglect or abuse, or if the custodial parent is deemed unfit.

3. Can full custody be temporary?
Yes, full custody can be temporary, especially in cases where one parent needs to address specific issues before regaining custody.

4. Can a parent with full custody move away with the child?
In most cases, a parent with full custody cannot move away with the child without obtaining permission from the court. The court will consider the impact on the child’s relationship with the non-custodial parent before making a decision.

5. Can a non-custodial parent still have visitation rights?
Yes, even if one parent has full custody, the non-custodial parent can still have visitation rights. These rights can be determined by the court or agreed upon through a parenting plan.

6. Can full custody be reversed?
Yes, full custody can be reversed if the circumstances change, and it is determined to be in the best interests of the child.

7. Can a parent with full custody receive child support?
Yes, a parent with full custody can receive child support from the non-custodial parent to help cover the costs of raising the child.

8. Can a parent with full custody deny the other parent access to the child?
Generally, a parent with full custody cannot deny the other parent access to the child unless there are concerns about the child’s safety or well-being. In such cases, the court may need to intervene.

9. Can full custody be shared between two parents?
Full custody is typically awarded to one parent, but joint custody arrangements can be considered if both parents can demonstrate their ability to provide a stable and nurturing environment for the child.

In conclusion, full custody or sole custody refers to a situation where one parent has primary physical and legal custody of a child. It is a legal arrangement made by the court based on the best interests of the child. However, full custody is not the only custody arrangement, and courts now tend to favor joint custody whenever possible.