So You Want Full Custody?

In California, the court is likely to award parents joint legal and joint physical custody of their child unless there's a reason why it shouldn't.  Full custody refers to a parent having sole legal and sole physical custody of their child.    Since the standard position in California is for parents to get joint legal and joint physical custody when all else is equal, a parent who wants full custody must prove why the court should stray from granting joint custody and award them full custody.

 

The best way to prove why you should get full custody is to request a child custody evaluation and obtain a favorable recommendation from the child custody evaluator.  Basically, you are going to need to find evidence that supports why it's in your child's best interest for you to have full custody.  A child custody evaluator's favorable recommendation is very persuasive to a judge and can cause the judge to rule in your favor. 

 

The types of cases where judges are inclined to grant full custody to one parent over the other includes cases where one parent's domestic violence, child abuse, substance abuse, mental illness and/or neglect is harming a child.  If you want full custody of your child then you must bring the evidence the judge will need to grant your request in court.