Proving full custody is necessary during a divorce

| Aug 19, 2020 | Child Custody |

Parents want what is best for their children. Thus, when a divorce with children does occur, parents will seek what is best for their children when determining a child custody arrangement for them. In some cases in Mississippi, one parent will seek full custody of their child. Because there is a current trend and presumption that joint custody is in the best interests of the child, successfully obtaining full custody of a child during a divorce can be challenging.

What is full custody?

Full custody means that one parent will have both legal and physical custody of the child or children. In other words, this parent will have sole legal authority to make important decisions for the child, such as those concerning education, religion and health care. Additionally, it means that the child will live with just that parent. It should be noted, however, that obtaining full custody does not necessarily mean that the other parent will have no rights. It will likely mean that the other parent will still have visitation rights, whether they are supervised or unsupervised.

Obtaining full custody

Understanding whether a parent will be successful at their attempt to obtain full custody often lays with the purpose of seeking full custody. If a parent is doing this to punish an ex, this will likely be evidenced to the court and will not be successful. However, if a parent can prove that their ex is unfit to have shared custody of a child, then they will likely be successful at getting full custody.

There are many reasons why a parent does not want to interact with their ex, but seeking full custody to simple avoid interacting with an ex is not reason enough. However, if a parent does not want to interact with his or her ex because they have exhibited unsafe behaviors, such as violence, abuse, alcoholism, drug use or other negligent and dangerous behaviors, this is reason and proof for obtaining full custody.

No matter the reason for seeking full custody or any other child custody arrangement, it is important to consider the best interests of the child. Keeping this in mind could help a divorcing parent move forward with their stance on custody, assisting them with obtaining a favorable resolution.