In What Circumstances Will a Court Grant Full Custody?
A parent who is granted full custody has the authority to make all major decisions regarding the child without consulting the other parent, an authority known as sole legal custody. That parent will also have sole physical custody, in that the child will live with them full time.
It is rare for a parent to have sole legal and physical custody, but it does happen from time to time. Here are a few examples of circumstances that warrant such a custody arrangement:
- History of abuse or neglect: If one parent has a history of violence, sexual abuse, emotional abuse or neglect, then this parent is an obvious danger to the child, and the court will want to make sure the child is kept safely with the other parent.
- Substance abuse: A parent that has significant issues with substance abuse poses a danger to the child. Thus, the court may consider sole custody for the other parent.
- Mental illness: A parent who is mentally unstable or otherwise mentally or emotionally incapable of raising a child could have their custody stripped.
- Abandonment: A parent may be unwilling to care for the child, and might lose contact altogether. A certain amount of time will have to pass before the court strips parental rights due to abandonment, but it is a possibility in some cases.
- Incarceration: If one parent is in prison for an extended period of time, the court may revoke that parent’s rights if it believes it to be in the best interests of the child.
For more information about circumstances in which a court may grant full custody, contact an experienced Long Island family lawyer at Bryan L. Salamone & Associates.