What grounds is there that a parent to be could claim full custody of the child?

Question

Hi.

Can anyone help me?

I need to know some information on what grounds a parent can try and claim on getting full custody of there child.

I've looked all over the net but i can't find the right information.

Answer 1

Hello,

This is an extremely tricky area and falls within the remitt of social workers & courts to determine when & under what conditions a parent should be given full custody of a child.

However, having said that (the above) I shall try and answer this as best I can but I'm not expert by any means. My understanding is that under UK law a parent would get full custody of a child if it was shown, or proven that the other partner in a relationship was violent or had a history of violence towards the child or children from the relationship (even if the children were adopted).

**The court & or social worker/s would have to asses that the child or children would be a risk in some way, either physically (threat of violence or abuse in some other way), or that the domestic conditions were not suitable for children (poor housing), or were one parent could NOT afford on financial grounds to support the childs needs or well being i.e. afford to feed & cloth & school them etc.

**its a VERY complex subject area, fraute with red tape from the law and fraute with moral & ethical dilemmas.

NOT one of my best answers but I hope that might go some way towards helping your understanding?

IR

Answer 2

Usually the mother get to have sole custody of the child if:

a) If there is any doubt in the court that the father is a violent person and there is a possibility of him harming the child, better if a CAFCAS report supports it.

b) That the mother is able and willing to bring up the child on her own.

If the child is too young (aged 5 or less), then the possibility of the mother getting sole custody is much higher. If the child is aged 10 or more, then the child's view might be taken into consideration.

Hope this helps.

Answer 3

I would think that if one parent was a danger to the child - maybe though their behaviour to that child or thought neglect to the child or if they were a paedophile the other parent would get full custody.
If the police had investigated a charge made by the child or another child and they had not brought charges. I know a man who was innocent (they knew who the peodo was) but because the police had investigated him in the first instance, the social services said that he could not come into contact with the child - this meant the family was permanently split up as he was married to the mother of the child. The guilty man go away with it.

Answer 4

I have some knowledge of this sort of thing.

I had to get custody of my three children. i cannot say more.

u need to have a free or cheap consultation with a solicitor who specialises in Child Law. There are many CL partnerships around the country. try 2 find one.

don't know ur circumstances so cannot say more.

ordinarily, mum will have custody because of feeding as much as anything.

u could give more detail but i would recommend a solicitor.

type in child law solicitors to ur search engine and u will find a few. the top one gives free advice. i know why but it is o.k.

Answer 5

Because the other parent is abusive, neglectful, unwilling to care for the child....

Because you love the child, Because youre more financially stable, because you're the mother, because your home is more safe for a developing child, because you have a better job... anything like that.

There doesnt have to be any real reason for you to claim full custody, the court will weigh your desires, your accusations, and make their chioce with the best interest of the child in mind.

You can also call family court, or social services and ask the same problem, they can probably help you better.

Answer 6

Beware of how you go about going for custody, the law is an ***! And CAFCASS are a load of rubbish. they do not have the child's best interests at heart, and they are certainly not un-biased and professional. In a court of criminal law, you have to back up what you say with evidence. In a family court of law, it seems that anything goes. If you can be the most convincing to all authorities concerned, and do your utmost to undermine and make the other party look bad, then you probably will win. It also seems on what mood the judge is in on the day. Get a really good solicitor who knows their stuff! I speak from experience. I had to change my solicitor twice during proceedings, because they were useless; which didnt help at all. It was extremely expensive, whilst my ex had the luxury of legal aid. My ex smokes weed, has been committed twice, does not bring my girls up properly and does not feed them adequately. He has a partner who has children who he takes preference over. He was even investigated by the police for hitting my girls, but not enough evidence was accrued. My good name is constantly slandered to my girls. My daughters have been subjected to mental cruelty and are made to feel guilty about loving me. Their father does all he can to stop me from seeing my girls, yet professes that he would never stop them from seeing me, to the point that he wants to encourage it. He is crafty and devious and only has his daughters with him so that he can claim benefits and not have to work. I was also granted a divorce on the grounds of his unreasonable behaviour. I, on the other hand have a lovely house, work full time and have a degree. All of this, and he still managed to get custody; just because he managed to stay 'one step ahead of me' and was extremely lucky to have a very good solicitor.
I have resigned myself to the reality that I will have to wait until my girls are older until I can see them. I have two grown up sons who have realised what their father is like, and they have as little to do with him as possible. I have a great relationship with them and see them on a regular basis.
Just get yourself a damn good solicitor and hope for the best, that is all you can do I'm afraid. I wish you all the luck in the world!!!!!!!!

Answer 7

In the UK there is no longer such a thing as custody. It's now residential orders and the court will make a decision based on a welfare officers report.
I should know, I took my first wife to court and got custody, I took the second wife to court and got the residential order.
It doesn't stand to reason that the mother is always the best person to fetch up children as mine will testify.

Answer 8

Good luck, its seem like the law these days is on the fathers side, which sux becasue children NEED their moms more than their dads I think, at least while they are young.
I guess if he does drugs (other than weed) or is mental, you might have a chance, but do know that if a judge sees that you want FULL custody, they think you are being a ***** and side with the father just cause.
I hope you get your kids!!!

Answer 9

you say a parent to be , they would lose parentel rights if they have previously lost children through neglect ,child abuse ,child would have a care order placed on it before it was born or if mother/father to be had serious mental health issues then the other parent to be could claim full custody if it was in the childs best interests

Answer 10

You need to be able to prove that the other parent was unfit to look after a child, such as drug or alcohol abuse. the best thing to do would be to go to citizens advice (there should be a centre near you) They will give you all the help you need and point you in the right direction if you need to speak to other people.