How to Get Full Custody of a Child in a Divorce?

I Want To Know How To Get Full Custody In Florida? What Should I Know?

Navigating a custody battle can be one of the most challenging and emotional experiences a parent can face. If you’re seeking full custody of your child in Florida, it’s crucial to understand the process, requirements, and potential hurdles involved. At Bickman Law, we’re here to guide you through every step of the journey to help you achieve the best possible outcome for your family.

Understanding Full Custody: What Does It Entail?

In Florida, the term “full custody” is often used to describe a situation where one parent has both 100% timesharing and sole parental responsibility for the child. This means that the parent has the right to make all major decisions regarding the child’s upbringing, including education, healthcare, and religious practices, and also has the child with them 100% of the time.

Unlike “joint custody,” where both parents share responsibilities and timesharing, “full custody” implies that one parent has complete control over all aspects of the child’s life. While “full custody” might seem like the ideal situation in some cases, courts generally prefer to maintain some level of involvement from both parents unless there are significant reasons otherwise.

How Hard Is It to Get Full Custody?

Achieving full custody is a rigorous process, often requiring substantial evidence to prove that joint custody would not be in the child’s best interest. Florida law presumes that equal timesharing is beneficial for the child, so you’ll need to provide clear and convincing evidence to overcome this presumption. This may include material evidence, witness testimony, and other relevant documentation.

Factors Courts Consider in Custody Battles

When determining custody arrangements, Florida courts prioritize the child’s best interest. Key factors include:

• Each Parent’s Living Situation: Stability in living conditions and availability as a caretaker.
• History of Abuse or Neglect: Any history of physical, emotional, or sexual abuse or neglect.
• Substance Abuse Issues: Evidence of substance abuse by either parent.
• Child’s Preference: Depending on the child’s age and maturity, their preferences may be considered.
• Parental Involvement: The parent’s willingness to facilitate a close relationship with the other parent.

How to Get Full Custody as a Parent

For Fathers: Fathers can achieve full custody in Florida, but they might face unique challenges due to societal stereotypes. Demonstrating why full custody is in the child’s best interest, showing a strong history of involvement, and addressing any biases are crucial steps.

For Mothers: Mothers, like fathers, may face biases related to their work status or parenting style. Addressing these biases and proving that full custody serves the child’s best interests is key.

Overcoming Stereotypes and Biases

Societal biases can influence custody decisions, with stereotypes about gender roles affecting perceptions of parenting abilities. To combat these biases, focus on providing concrete evidence of your involvement in your child’s life and why full custody is in their best interest.

Ensuring the Child’s Best Interests

The courts’ primary concern is the child’s well-being. Demonstrating how full custody would benefit your child involves showing stable living conditions, a safe environment, and an ability to meet all of the child’s needs.

Situations That May Lead to Full Custody

Certain circumstances might make it more likely for a court to grant full custody to one parent, including:

• Abuse or Domestic Violence: Evidence that the other parent poses a danger to the child.
• Neglect or Substance Abuse: Proof of consistent neglect or substance abuse issues.
• Consistent Absence: A parent who is habitually absent from the child’s life.

How to Go About Getting Full Custody

1. Preparing for the Custody Battle: Gather evidence such as photos, medical records, and communication records. Secure legal representation to help build a strong case.

2. Filing a Petition: Submit a petition for custody to the county clerk’s office, including all required forms and fees.

3. Serving the Petition: Serve the petition to the other parent through the sheriff’s office or a private server.

4. Responding to Petitions: The other parent will have 20 days to respond, either contesting or agreeing to the petition.

5. Court Hearings: Attend court hearings or mediation sessions as scheduled to resolve disputes and finalize the custody arrangement.

When To Seek Legal Help in Florida

If you’re considering pursuing full custody, it’s essential to seek legal advice early in the process. A family law attorney at Bickman Law can help you navigate the complexities of custody battles, gather evidence, and present a compelling case to ensure the best possible outcome for you and your child.

Contact Us: At Bickman Law, we understand the intricacies and emotions involved in custody cases. Our experienced team is here to provide the support and guidance you need throughout the process. For a consultation, reach out to us today to discuss your case and start working towards securing the best future for your child.