Should You Request Full Custody During Divorce?

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Should You Request Full Custody During Divorce?

24 August 2020
 Categories: , Blog

Child custody can be a difficult battle even between two ex-spouses who generally get along. When one spouse requests full custody, it sends a message that they are ready to fight for their child to be with them most of the time.

This leaves you with an important question: how do you know when to request full custody of your child or children? These are situations in which full custody may be the best option for you and your child.

Substance Abuse

An individual with substance abuse issues may not be granted custody. This can be abuse of drugs, alcohol, or another substance that could prevent the individual from providing care for their child. If you believe your child would be unsafe with the other parent, full custody is likely the smartest option.


You should request full custody if your ex-spouse has a history of abuse. This abuse can be physical, emotional, or mental. It may involve threats of violence or actual violence. This can also involve abuse of you or somebody else as well, but each case is different.

Untreated Mental Illness

While many great parents have mental illnesses, there are some untreated conditions that can lead to issues like substance abuse and neglect. If you suspect that your spouse presents a danger to your child in any situation, it is important that you put his or her best interests first.


If the other parent is in prison or jail, it is generally a given that you would pursue full custody of your child. An exception might be made if grandparents' rights are involved. In this case, you might seek full custody if you believe grandparent custody is not in your child's best interest.


Neglect of a child is another reason to file for full custody. Children cannot take care of themselves, and parents are tasked with ensuring the safety and wellbeing of their child. If one party is unable to do this, they may not be granted custody. Neglect encompasses things like lack of food, clothing, shelter, safety, medical care, and supervision.

Hire a Divorce Attorney

Divorce attorneys see people on their best and worst days. They know that you have a lot on your plate, especially in the middle of a divorce and potential custody battle. Use these tips to discuss your future goals and plans with your attorney. Contact divorce attorneys in your area to discuss your divorce and custody concerns.