The idea of getting complete custody of your child is an emotional and legally complicated process that should be prepared carefully and documented. Although each case of custody is different and it depends on the circumstances that occurred, it is always good to know what the courts look at and what can substantiate your case to equip yourself well. The decisions made about child custody will always consider the best interest of the child first before any other factor, and this is what the courts look into with regard to child custody decisions. Establishing legal parentage is one of the basic components in any custody case. Establishing legal parentage will give the legal standing one needs to claim custody or child support.
What Does Full Custody Mean in Family Court?
To be granted full custody, one needs to make an official petition in a family court and prove that such a plan suits the best interests of the child. Depending on the state, the process generally involves court review and evaluation of the child’s best interests, evidence in favor of your custody request, and potentially mediation or custody assessment. When a court gives full custody to either parent, there are many factors that they take into consideration before deciding, since they would want both parents to be a part of the arrangement unless circumstances make this inappropriate. Any custody arrangement requires that you first establish legal parentage–that is, you must have biological or adoptive parentage. Without established legal parentage, you cannot claim to seek custody. DNA paternity testing is a legally accepted method to prove the paternity and can help establish parental rights in family court cases, which is produced by Face DNA.
Learning Legal and Physical Custody
- Legal custody: The authority to make crucial decisions regarding the upbringing of your child such as education, medical care and religious training – legal custody may be assigned to either one parent or shared legal custody may be applied by both parents irrespective of physical custody arrangements.
- Physical custody: The parent with whom the child mostly stays and the one who has the day-to-day care. In full physical custody, the child will live with one parent; the other parent may visit the child but may not have decision-making authority.
What are the reasons why a court may decide to award full custody to a mother?
These are some of the factors that are assessed by the courts with all their interests on the best interests of the child and not on the preferences of the parents. Judges look at the capacity of every parent to offer a stable home, financial assistance, and emotional support.
They look into the relationship the child had with both parents, how the child had adjusted to home and school settings, whether there was any history of domestic violence, drug abuse or neglect by one or the other parent. The preferences of the child can be taken into consideration in case he is mature enough to provide arguments. The willingness of the parents to promote the relationship of the child with the other parent is also examined by courts, parents who welcome healthy relations are normally given more lenient custody consideration than the ones who seek to make the child alienated to the other parent.
What can a mother do to make her case more solid regarding full custody?
Building a strong custody case requires clear documentation showing that you can offer the best conditions for your child. The proof of a stable home and earnings, documentation of your participation in the schooling and medical care of the child, records of everyday and work routine and activities of the child under your care, testimonies of teachers or childcare givers, and any records of the unfitness of the other parent such as a criminal record, substance misuse records, or child protective services reports can be used to support custody claims. The foundation of custody proceedings is the establishment of legal parenthood, and in cases where parentage is disputed, biological relationships can be confirmed through court admissible DNA tests.
Documentation, Witnesses, and Parenting History
- Financial documents: Paychecks, tax filings, and evidence of a stable living situation showing that you are capable of providing physical care to the child – these help in child support cases as well in the event that you are seeking financial support of the other parent.
- Evidence on parenting involvement: School records where your presence is recorded at conferences, medical records where your signature is present, photos of the time you have spent with your child, and the communication logs that show your active participation in making daily decisions on care.
- Witness testimony: Testimonies of the teachers, doctors, neighbors, or any other family members who can testify about your parenting abilities, the well-being of you and your child under your parental care, and any actions by the other parent that may be harmful to the child’s safety or development.
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Conclusion
Custodial matters of children should have proper legal grounds, such as established biological parenthood. At Face DNA, we are offering court-admissible paternity and relationship DNA testing services that are used in court proceedings related to the family court. Our professional DNA testing services can help provide legally admissible information because we provide the correct, legally admissible results when determining parental rights, seeking custody or a child support claim.
