How Can a Father Get Full Custody of Their Child?

Child custody refers to assigning parental rights because of a divorce or when the parents are otherwise not together. The general presumption is that children benefit from a close and ongoing relationship with both parents. Therefore, parents are encouraged to develop parenting plans and custody agreements that allow both of them to be active participants in their child’s life.

However, a father may seek full custody for many reasons. The court has the authority to grant sole custody when it is in the best interests of the child. This article discusses how a father may get full custody of their child.

Joint Custody vs. Sole Custody for Fathers in York County, SC

The court can grant a parent two types of custody. First is physical custody, this determines where the child lives as their primary residence. Even when parents share joint physical custody, the child primarily lives with one parent. That parent is referred to as the custodial parent.

Sole physical custody means a child lives exclusively with one parent. The non-custodial parent may have the child for overnight visits, but the custodial parent is responsible for the child’s daily needs and primary care.

Legal custody refers to the right to make important decisions for your child. Examples include decisions related to the child’s education, religious upbringing, extra-curricular activities, and health care. When parents share joint legal custody, each parent has input in the decisions impacting their child.

Sole legal custody gives one parent the right to make these decisions. The parent with sole legal custody does not need to ask the other parent for advice or consent when making important decisions for the child.

What Does the Judge Consider When Deciding Whether to Grant a Father Full Custody in South Carolina?

If a father wants sole custody in South Carolina, he must file a petition with the court and serve the papers on the child’s other parent. The father must prove that sole custody would be in the child’s best interests.

South Carolina law requires judges to consider various factors when deciding what would be in a child’s best interests in a contested custody matter. Those factors include:

A parent’s ability and willingness to understand what the child needs and meet those needs
The wishes of the parents
The physical and mental health of each parent
The reasonable preferences a child expresses for custody
The current and past relationship between the child and each parent
The child’s developmental needs and temperament
A parent’s willingness and commitment to encourage a close relationship between the child and their other parent
Conduct by either parent intended to disparage the other parent in front of the child
The child’s attachment and adjustment to their school, home, and community
Allegations of abuse, neglect, domestic violence, or abandonment
The safety and stability of the child’s current home
A child’s relationship with their grandparents, siblings, and other people who play a significant role in the child’s life
A parent’s manipulates or coerces their child to feel one way or the other regarding a parent or custody arrangements

Judges may consider other factors that relate to the child’s best interests. In a case seeking sole custody, the judge may consider the reasons why a parent is seeking sole custody.

Reasons the Court May Grant a Father Sole Custody of a Child in South Carolina

There are many reasons why courts decide sole custody is in the best interests of a child. A father may petition for full custody of their child because:

The other parent is unfit
There is proof of domestic violence, child abuse, or neglect
The two parents live far apart, making joint custody impractical
A parent has an alcohol or drug dependency problem
One of the parents refuses to cooperate or communicate effectively
A parent is a flight risk with the child

A judge determines whether to give a father sole custody based on the unique factors and circumstances of the case. However, the father must have sufficient and convincing evidence to win full custody.

What Does Full Custody Mean for the Other Parent?

Sole custody means one parent has the right to make all decisions for the child, and the child lives with that parent. However, sole custody does not take away the other parent’s rights.

South Carolina custody laws protect a non-custodial parent’s right to access information about their child, giving them equal access to their child’s medical and educational records. Additionally, each parent has the right to participate in a child’s extra-curricular activities and school functions.

Sole custody does not necessarily impact visitation and parenting time. The non-custodial parent has the right to spend time with their child, which would only change if the court finds that it is not in the child’s best interests to see the non-custodial parent.

An Experienced Family Law Attorney at Minor Law Divorce Lawyers Can Help. Contact Us at (803) 504-0971

To learn more and get the help you deserve, please contact a family law lawyer at Minor Law Divorce Lawyers in Rock Hill, SC or contact us online today.

We proudly serve throughout York County.

Minor Law Divorce Lawyers
1273 Ebenezer Rd, Suite B,
Rock Hill, SC 29732
(803) 504-0971