Sole child custody
2 years ago
Hi. I got seperated 7 yrs back. That time my ex husband got visiting rights to my child. He got married n having baby. Since last 5 yrs he never came to visit my son. Last year I also got married. My son is with me only. Now I want my husband to adopt my son legally. But for that I need full custody of my son on papers. I don't want my son to came in front of my ex husband or in court. What should I do to get full custody?. Pls suggest
A.Hello Client,
At the present time, most courts attempt to grant both parents equal rights with regard to legal custody. This is to help the child interact with both parents rather than just one. However, in some cases, the court may grant only one parent legal custody. This is especially true where one of the parents is deemed unfit to make decisions on behalf of the child or not willing to take any responsibilities.
When determining which parent should be granted legal custody, the courts may consider many different aspects, including:
• The parent’s mental, physical, and emotional ability to make legal decisions on behalf of another person
• The relational history between the child and the parent
• Whether there has been any history of abuse, neglect, or other violations
• The arrangement between the parents regarding the distribution of physical custody
• Wishes of the minor child, if he can form an opinion on his own.
• Financial status of both the parents.
As with any child custody decision, legal custody determinations are made with the “best interests of the child” in mind. This means that the needs of the child take preference over any personal desires or intentions of either parent.
At the present time, most courts attempt to grant both parents equal rights with regard to legal custody. This is to help the child interact with both parents rather than just one. However, in some cases, the court may grant only one parent legal custody. This is especially true where one of the parents is deemed unfit to make decisions on behalf of the child or not willing to take any responsibilities.
When determining which parent should be granted legal custody, the courts may consider many different aspects, including:
• The parent’s mental, physical, and emotional ability to make legal decisions on behalf of another person
• The relational history between the child and the parent
• Whether there has been any history of abuse, neglect, or other violations
• The arrangement between the parents regarding the distribution of physical custody
• Wishes of the minor child, if he can form an opinion on his own.
• Financial status of both the parents.
As with any child custody decision, legal custody determinations are made with the “best interests of the child” in mind. This means that the needs of the child take preference over any personal desires or intentions of either parent.
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A.Hello Ma'am
You have all right to claim fulk custody of your child in the court. Full custody is also referred to as sole custody. In a full custody arrangement, one parent is the custodial parent, while the other parent is generally granted generous visitation rights as determined by the court. A court will generally agree to grant the non-custodial parent visitation rights unless visitation does not serve the best interests of the child.
So, in full custody the other parent can have visiting right which would be decided by the court. So you must proove in the court that seeing of your ex husband or the child's father does not serve yhe best interest of the child.
Thanks
Please rate if you find this advice helpful.
You have all right to claim fulk custody of your child in the court. Full custody is also referred to as sole custody. In a full custody arrangement, one parent is the custodial parent, while the other parent is generally granted generous visitation rights as determined by the court. A court will generally agree to grant the non-custodial parent visitation rights unless visitation does not serve the best interests of the child.
So, in full custody the other parent can have visiting right which would be decided by the court. So you must proove in the court that seeing of your ex husband or the child's father does not serve yhe best interest of the child.
Thanks
Please rate if you find this advice helpful.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hello Ma'am
You cannot let your child stay away from his biological father. Although you could surely file for the full custody of the child. But it would he difficult for you to not let know the child about his father and your ex husband.
Thanks
Please rate if you find this advice helpful.
You cannot let your child stay away from his biological father. Although you could surely file for the full custody of the child. But it would he difficult for you to not let know the child about his father and your ex husband.
Thanks
Please rate if you find this advice helpful.
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