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How to Get Full Custody of a Child

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Originally Posted On: https://www.pattonlawwi.com/how-to-get-full-custody-of-a-child/ 

 

You want the best for your child, and during a divorce or family dispute, that may involve gaining full custody. Learn how to get full custody of a child.

There are almost 747,000 divorces each year in the United States. With many divorces come unpleasant custody battles as parents fight for what’s best for their children. You may want to have full custody of your child, but the court system might not always agree.

If you want to learn how to get full custody of a child, you’ll need to prepare yourself with as much information as possible beforehand. Family courts typically agree that joint custody is the best arrangement, but there are scenarios where full custody is appropriate.

This guide will go over everything you need to know about how to get custody of a child and how a child custody lawyer can assist you.

What is Full Custody?

Another term for full custody is “sole custody.” In these types of arrangements, one of the parents is the custodial parent. The other parent is typically granted visitation rights by the courts.

The courts will usually grant the other parent visitation rights unless they believe that being in contact with the other parent doesn’t serve the child’s best interests. When one parent has sole legal custody, they can make decisions for their child without having to consult the other parent.

These types of decisions include, but aren’t limited to:

  • Choice of religion
  • Choice of school
  • Consent to join the military
  • Consent for healthcare
  • Permission to get a driver’s license

Where the child lives is something separate from custody, which refers to the child’s placement.

What Does Placement Mean?

In the past, physical custody used to also mean placement. Primary placement means when one of the parents cares for the child most or all of the time. Sole custody typically goes in conjunction with primary placement.

There are some cases where one parent will have sole custody, and the other has 50-50 or partial placement. The other parent might only have supervised visitation if they’re thought to be a danger to the child. These details will be determined in your sole custody agreement.

How to Get Full Custody of a Child in Wisconsin

The easiest way for the court to grant full custody to one parent is when both parents agree that one party should have it. This can happen, but typically both parents won’t agree on this.

The court can grant one of the parents sole custody in Wisconsin if one of the following items are true:

  1. The other parent doesn’t want to have an active role in the child’s life
  2. The other parent isn’t capable of enacting parental responsibilities or duties
  3. Parents aren’t able to cooperate in making decisions as required by joint custody
  4. There’s a condition that interferes with the parents having joint custody

For example, a scenario that involves spousal abuse would include scenario three. The courts don’t expect a parent to cooperate with a person who abused them.

Additionally, the birthing party has sole custody if paternity hasn’t been established yet. To establish paternity, the other parent will have to go through various court-approved methods.

A family law attorney who has experience in child custody cases will know the best routes to pursue to win full custody of your child.

Frequently Asked Questions About Full Custody

Below are some frequently asked questions about how to get full custody of a child.

When Should I Try to Get Full Custody?

You should attempt to pursue full custody when it’s in your child’s best interest. This can include several different reasons, but the primary motivation needs to be the well-being and safety of your child. If you believe that the other parent can’t provide a safe environment for your child, that’s a reason to pursue full custody.

Will I Receive Child Support If I Have Full Custody?

Child support includes several different factors in the calculation. One of the most important ones is your placement schedule. If you come to a sole custody arrangement, the other parent will typically have to pay child support.

What’s the Difference Between Sole and Primary Custody?

Sole custody refers to who makes the big decisions in your child’s life. Primary custody means where the child lives on a day-to-day basis.

How Does Sole Custody Affect the Other Parent?

The other parent in a sole custody arrangement can’t make major decisions for their child. The parent with full custody can talk to the other part about different decisions if they’d like to. However, the final decision is up to the parent with sole custody.

Sole custody doesn’t always mean the other parent doesn’t see the child. They might still have visitation or placement with the child. It’s not the same thing as terminating their parental rights.

What Does It Mean to Be an Unfit Parent?

When a person is incapable of caring for their child, that means they’re an unfit parent. Some examples include:

  • Alcoholism
  • Child abandonment
  • Drug addiction
  • Criminal history
  • Mental disturbance

Since the courts prioritize the well-being and safety of children, they can award the other parent full custody if they deem the other one is unfit.

What’s a Common Child Custody Schedule?

Courts in Wisconsin typically assume that each parent will have 50-50 placement with their children. How that schedule looks depends upon the child and parents’ schedules.

How Do the Courts Determine Child Custody?

The courts look at a variety of factors when determining child custody and placement. Some of these factors include:

  • The child’s wishes
  • The parents’ wishes
  • The relationship between the child and each parent
  • The physical and mental health of each parent
  • Evidence of previous abuse

A family law attorney will evaluate your case and build an argument based on a variety of factors. Don’t hesitate to contact one if you’d like to seek full custody of your children.

Connect With a Family Law Firm for Your Custody Needs

It can be challenging to figure out how to get full custody of a child on your own. You’ll need to partner with a family law firm that has experience with child custody cases. They’ll help you navigate the process while ensuring the best possible results for you and your child.

Contact Patton Law Office for a consultation.

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