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I want to get full legal custody.

Full custody can mean a few different things, so let us define the term first. 

Often people mean all of the physical custody when they say full custody. But full custody can also include legal custody. Legal custody and physical custody are two different concepts.   

Generally a parent with legal custody has a right to make decisions about life issues such as medical matters, schooling and religion.  Even when the other parent is exercising custody or visitation, the right of legal custody still applies.   

So even a parent with full physical custody (and no visitation in the other parent ) would still have a duty to get the other parent’s input on a change in schooling if that other parent had legal custody.
So if you want full custody you will need to decide if that includes exclusive physical custody as well as legal custody. Then you have to determine if it is realistic under the circumstance. 

The best interest of the child is generally presumed to include contact with both parents.  Most courts will not exclude an interested parent from at least some visitation, unless they are a clear and present danger to the child, or otherwise so unfit that even supervised visitations would be deemed not in the child’s best interest.

So if by full custody you mean primary physical custody with some visitation in the other parent, than this is probably obtainable, particularly if the other parent is less fit, or less interested.

 

Use our Free Child Custody resources to learn more. Each article or vignette was prepared by an attorney, and explains some general strategies and ideas for parents with custody issues. Of course all 50 states have different laws and ways of applying the principles of child custody, so you should familiarize yourself with your state's particular custody laws and rules.


10 ways to better your chances of getting custody.

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I’m thinking of separating, but how will Custody work?

I want to get full legal custody.

GET HELP ---->   <---CLICK HERE

Uniform Child Custody Jurisdiction and Enforcement Act (1997) (original text)

 

 

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