If you believe obtaining full custody of your child is in their best interests, it helps to understand on what legal grounds this may be granted , and how courts make that decision.
Who wins custody — is there a bias?
- It’s a common myth that mothers automatically win custody. That’s not true. The law does not favour mothers or fathers by default.
- In fact, about 91% of child‑custody cases are resolved by agreement rather than by court decision.
- Courts always prioritise what is best for the child: their welfare, stability, and needs take precedence over parental rights.
When Full Custody (or Sole Custody) Might Be Granted
If you’re trying to get full (or sole) custody of a child, here are the main grounds used by courts to decide in your favour.
| Grounds / Basis | What Courts Consider / Why It Matters |
|---|---|
| History of abuse, neglect or domestic violence | If the other parent has a record of child abuse or neglect, or there has been domestic violence, the court may conclude that granting full custody to you is necessary to protect the child. |
| Criminal record or imprisonment | A violent criminal history or incarceration can be a strong ground for awarding full custody to the other parent. |
| Inability to care for the child’s basic needs | If the other parent cannot provide stable housing, food, education, medical care, or emotional/mental support — perhaps due to illness, addiction, mental health issues, or financial instability — the court may decide full custody is justified. |
| Child’s own wishes (if mature enough) | The child’s preferences may matter, especially if they’re old enough to express a reasonable view and the court deems them mature enough to influence the decision. |
In effect, full custody isn’t a default option, it’s granted when there are serious concerns about the child’s safety, well‑being, or stability under the care of the other parent.
How to Obtain Full Custody
If you believe you have valid grounds, here’s how the process usually works:
- You apply for a Child Arrangements Order (CAO) stating that the child should live only with you.
- To succeed, you’ll need to convince the court that this arrangement is in the child’s best interests, showing clear evidence for your concerns (for example, neglect, risk, or incapacity of the other parent).
- Because courts prefer arrangements involving both parents when possible, full custody is granted only when the court deems it necessary for the child’s welfare.
What Full Custody Means — and What to Expect
Choosing (or seeking) full/sole custody comes with significant implications — both positive and challenging.
Potential advantages:
- More stability for the child — fewer moves between parents, consistent care and routines.
- Easier decision‑making about a child’s upbringing (education, healthcare, living arrangements) without conflict between parents.
- Provides protection if the other parent isn’t capable or safe.
Potential drawbacks / challenges:
- The other parent may lose meaningful contact or involvement, which can be emotionally difficult for all.
- Handling all parenting responsibilities alone can be overwhelming.
- If the non‑custodial parent feels cut out, it may cause long-term resentment or conflict — though the court always focuses first on the child’s welfare.
What Matters Most: The Child’s Best Interests
Ultimately, any custody decision, full, shared or sole, must prioritise what is best for the child. Under UK law, courts use a “welfare checklist” to weigh several factors, including: the child’s wishes (if mature enough), emotional/physical needs, stability, any risk of harm, and each parent’s ability to meet those needs.
Courts do not assume one parent is better simply because of gender or family structure: decisions are based on evidence and the child’s welfare.
What You Should Do If You’re Considering Full Custody
If you believe full custody may be right for your situation:
- Document concerns carefully — record any evidence of neglect, abuse, instability, or incapacity of the other parent.
- Be mindful of the child’s needs — housing, education, emotional support, medical care. Show you can meet these reliably.
- Consider the child’s views — if the child is old/mature enough, their preferences may matter.
- Seek legal advice — a solicitor experienced in child‑custody law (like those at Freeman Jones) can help you prepare a strong case and guide you through the CAO application process.
At Freeman Jones Solicitors, we help parents navigate family law matters with care and clarity. From Child Residence Orders to Child Contact Orders, our experienced child custody solicitors focus on solutions that protect your children’s wellbeing.
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