Divorcing parents in Texas and elsewhere may be facing many challenging issues. But, they likely have certain expectations when it comes to the divorce process. Because the growing trend is for parents to co-parent and reach a joint custody agreement, divorcing parents believe that they are entitled to 50 percent or nearly 50 percent of the time with his or her child. While this is often the case, there are matters where one parent might be able to obtain full custody of the child or children.
A custody battle may mean one parent taking action to seek full custody of a child as opposed to joint custody. What is full custody? In simple terms, it is when there is a parent granted both legal and physical custody of the child. There are many reasons to pursue full custody. Though, one should not take this step to punish an ex. On the other hand, it is frequently sought after in situations where one parent views the other as unfit to share custody of the child.
Courts tend to agree that joint custody is in the best interests of the child, as it enables the child to see both parents on a regular basis. So, unless the other parent poses serious danger to their child and has a history that illustrates a pattern of unsafe behavior, the goal of winning full custody should be understood.
What does it mean to have full custody? In some cases, this form of custody is referred to as sole custody. One parent is the custodial parent and the other parent is afforded visitation rights. In most cases, the court will grant the non-custodial parent visitation rights unless it is determined that visitation does not serve the best interests of the child. A parent seeking full custody needs to be prepared to share the reasons why this arrangement serves the best interests of the child. Common reasons for seeking full custody include an ex having substance abuse problems, committed domestic abuse, child neglect, and other similar situations.
Child custody battles are emotional and difficult to navigate. However, parents seeking to serve the best interests of their child have mechanisms to help them obtain the best custody arrangement for their child. It is important that divorcing parents understand their rights and what options they have to best protect them.