Do you believe full custody is in the best interests of your child? If so, the expert team of child custody lawyers at Freeman Jones Solicitors can help.
In this quick guide, we explain the grounds for full custody of a child in the UK and the legal process for obtaining full custody of your child. To learn more about these grounds or for free legal advice, please don’t hesitate to contact our professional team today.
Who wins the most custody battles?
In the UK, it’s a common misconception that mothers win the most custody battles due to some kind of legal bias, however this is not the case. In fact, with 91% of child custody cases being settled out of court, there’s often no legal battle to ‘win’.
Instead, both parties will typically come to an agreement that works for their specific circumstances. If they cannot come to an agreeable arrangement, however, the court will be asked to settle the dispute. In the eyes of the court, both parents play an equal role in their child’s life.
They therefore don’t automatically favour the mother or the father, but will instead prioritise the child’s best emotional and physical interests.
On what grounds can you get full custody?
Wondering ‘how do I get full custody of my child’? If you have genuine concerns about the care your child receives from your ex-souse or partner, then you may want to consider seeking full custody.
If your former spouse or partner doesn’t agree with you having full custody of your child, then you will need to seek legal support. For the court to support your request for full custody, however, you must demonstrate that the other individual with parental responsibility is unfit to care for the child. This may be due to:
Record of neglect or abuse
If a parent has a history of child abuse, neglect, or domestic violence, full custody is likely to be granted to the other party to protect the child’s welfare and safety.
Criminal record
Even if a parent doesn’t have a history of child abuse, neglect, or domestic violence, the presence of a criminal record with any violent crimes could be grounds to give the other parent full custody of the child. Similarly, if they’re in prison, full custody is usually granted to the other parent.
Inability to meet child’s needs
There are many reasons that a parent may be unable to meet the basic needs of their child, such as such as education, medical care, food, and sufficient shelter. In many cases, this is due to sickness or financial problems, however mental illness may also deem someone to be incapable of raising a child.
For example, they may struggle with addiction or suffer from another kind of mental illness that renders them incapable of providing the child with sufficient care to meet their emotional or physical needs.
Child’s preferences
Alongside taking into account the circumstances of the parents, the grounds for full custody of a child will also be determined by the child and their preferences. The courts will consider the child’s age and understanding, maturity, physical and emotional needs, as well as their wishes and feeling.
How to get full custody of a child
To obtain full custody of your child, you will often need to get a Child Arrangements Order (CAO), stating that they will only live with you. To do this, you’ll need to convince the court that this arrangement would be in the best interests of the child.
How likely is 50/50 custody in the UK?
In the UK, a joint custody outcome is the most likely child custody arrangement for couples that are divorcing or separating. However, if you have valid grounds for full custody, then an experienced child custody solicitor should be able to help convince the court that this arrangement is in the child’s best interests.
Our child custody services
At Freeman Jones Solicitors, we understand that one of the most difficult aspects of divorce or separation is ensuring your children are as protected and supported as possible throughout the process.
Our expert team of experienced solicitors can help you to find a child arrangement resolution that works in the best interests of your children. We provide guidance and support on a wide range of family law topics including parental responsibility, Child Residence Orders, and Child Contact Orders.
For clear answers to more questions like ‘how can I get full custody of my child’ or to receive free legal advice from our professional child custody solicitors, please feel free to give us a call on 01244 506 444.
We also welcome email enquiries sent to info@fjsolicitors.co.uk or you can reach out using our convenient online contact form.
