How To Win Full Custody Of Your Child?

child holding finger of their parent

You might want full custody of your child for many reasons. Before you start the process, ask yourself if you aren’t attempting full custody to punish the other parent. Family courts in Ontario will grant you full custody only if it is in the child’s best interest. It is a difficult decision to make as a child needs both parents in their life. 

Full custody, also known as sole custody, means one parent has both physical and legal custody of the child. Physical custody refers to where the child lives, while legal custody involves making important decisions about the child’s life, such as education, healthcare, and religious upbringing.

Here are 7 steps to take to win full custody of your child: 

1. Document Inadequate Parenting

Start by documenting any behaviors or incidents that demonstrate their inability to provide a safe and stable environment. It can be anything including neglect, substance abuse, physical or emotional abuse, or putting the child in dangerous situations. Collect evidence such as:

  • Photographs or videos
  • Medical and school records
  • Police reports
  • Witness statements

2. Prioritize Your Child’s Needs 

Kids don’t need a lot but they deserve a safe environment where they can grow and thrive. To prove that full custody aligns with these interests, you need to demonstrate that you can provide a better and more stable environment. Highlight your ability to meet the child’s physical, emotional, and educational needs. Show that you have a secure home, a stable job, and a strong support system.

3. Build A Strong Case

Interview a few family lawyers in your city that have experience in handling full custody cases. You are about to enter a complex legal battle and would need the best guidance in winning the case. Hire a custody lawyer that makes you feel heard, sets realistic expectations, and communicates every step of the way. 

On the other hand, prepare yourself for the court appearances. Be ready to discuss your child’s daily routine, your involvement in their life, and any concerns about the other parent’s ability to care for them. Present yourself as a responsible and caring parent.

4. Gather Witness Testimonies

Witnesses can be anyone who is involved in the child’s life in varying capacities including teachers, neighbors, relatives, or medical professionals. They can be anyone who has seen you and your child interact and know about your bond. Only approach those that are comfortable giving a testimony in court and can offer an unbiased view.

mother and daughter hugging each other

5. Demonstrate Willingness to Co-Parent

As we mentioned earlier, involvement of both parents is crucial to a child’s overall development. In your testimony, inform the judge that you are open to shared custody in the open if the other parent makes certain changes and takes accountability. 

Courts prefer arrangements where both parents are involved, so emphasize on your readiness to facilitate visitation and maintain communication with your ex-partner. However, if the other parent poses a danger to the child, explain the reasons for seeking restricted or supervised visitation.

6. Consider Mediation 

Before you request a court date, ask your family lawyer in Brampton if mediation is an option.  It allows both parents to discuss their concerns and work towards an agreement with the help of a neutral mediator. Courts often view parents who attempt mediation positively, as it shows a willingness to cooperate and focus on the child’s needs.

If mediation is unsuccessful, it still demonstrates your effort to resolve the matter amicably, which can be favorable in court.

7. Prepare for Court Hearings 

Arrive early, dress professionally, and be respectful to everyone in the courtroom. Bring all necessary documents, and be prepared to explain why full custody is in your child’s best interest. Do not speak negatively about your ex-partner and instead focus your answers on providing the best for your child. 

Your child’s well-being is in your hands. Reach out to our trusted custody lawyers at Sterling Law today and let us help you provide the safe, loving home your child deserves.

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