teens with legal issues

Child custody law in America has a strong preference for both parents to share at least some level of custody. The strength of the law's attachment to this idea can surprise people, especially if they're dealing with former partners who've had problems or been abusive. If you're trying to attain full custody, it's a good idea to understand why this might be a difficult hill to climb and what you'll need to do.

The Best Interests of the Child

At first blush, this might seem like an argument against some parents' involvement in their children's lives. However, the law affirms the notion that, whenever possible, a child should have interactions with both of their parents. This covers a wide range of areas in a child's life, including their education, spiritual development, and growth within their family's culture.

Notably, the law doesn't assume joint physical custody will be in a child's best interest, either. If there are concerns about a parent's behavior or ability to provide a safe environment, a more limited form of custody or even visitation may be used. Under extreme circumstances, a court-appointed officer or even a police officer may be ordered to be present during visits.

Room for Improvement

It's rare for a judge to presume that one parent is simply irredeemable and incapable of serving a child's best interests. Oftentimes, the court will order individuals who are dealing with problems to undergo evaluations and possible counseling. For example, a parent with a history of physical abuse might have to go to counseling sessions and parenting classes to learn how to conduct themselves around the child. Over time, the court will reassess the parent's progress and may change the custody order to long-term improvement.

Exceptions

Two common exceptions may expedite the process of you getting undivided custody. First, the other parent may simply renounce their parental rights. Understandably, the court will usually conduct a hearing to verify that this is what they truly want. Second, the other parent may prove to be so stubborn in complying with court orders for things like counseling and parenting training that the judge eventually stops humoring them. Essentially, the non-compliant parent is told to either shape up or stop asking for custody.

In nearly all other circumstances, you'll want the help of a child custody attorney to prove that the other parent represents a serious threat to the child's best interests. Be prepared, however, to present a lot of evidence the other parent has a long history of extreme behavior and is incapable of improving.