How Common is it to Get Full Custody in Jensen Beach?

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Are you a parent who is going through a divorce or separation in Jensen Beach? If so, you may be wondering: How common is it to get full custody of a child? The short answer is that full custody (sole custody) is possible, but it is only granted in a minority of cases when it is deemed to be in the best interests of the child. Here, our Jensen Beach child custody attorney provides a more comprehensive overview of the key things to know about seeking full custody.

A gavel sits below two hands holding a card that says 'Child Custody,' symbolizing the legal process of deciding full custody cases in Jensen Beach.

Florida Protects the Best Interests of the Child in Custody Cases

As a starting point, it is important to understand that our state uses the best interests of the child standard for custody cases. Under Florida law (Florida Statutes 61.13), what is best for the child takes priority over what is preferred by the parents. Indeed, family law courts are mandated to prioritize the child’s welfare in custody decisions. Judges evaluate a wide range of different factors, including each parent’s ability to maintain a stable environment, moral fitness, mental and physical health, and the child’s home/schooling needs.

Some Form of Shared Custody is Favored (Especially Shared Legal Custody)

Shared custody is far more common than full (sole) custody in Jensen Beach. Consistent with Florida law, courts in Martin County presume that equal time-sharing between parents is in the child’s best interest. Further, courts in Florida put an emphasis on shared legal custody. Shared legal custody means both parents are encouraged to share parental responsibilities, including making major decisions about the child’s education, health care, and welfare.

Joint Custody is Not Automatic: The presumption in favor of shared custody can be rebutted if evidence shows that shared custody would be detrimental to the child.

Full Custody Can Be Awarded When Best for the Child

While shared custody is the norm, courts may grant full custody to one parent if it’s deemed in the child’s best interest. Some of the most common situations that may warrant one parent getting full custody in Jensen Beach include:

Abuse or Neglect: If a parent has a history of physical, emotional, or sexual abuse or has neglected the child’s basic needs, the court may award full custody to the other parent to ensure the child’s safety. The safety of the child(ren) is a top priority of the court.
Substance Abuse Issues: A parent’s ongoing drug or alcohol abuse can impair their ability to care for the child. It could lead the court to grant full custody to the sober parent.
Mental Health Challenges: Severe, unmanaged mental health conditions that affect parenting capabilities may result in the other parent receiving full custody.
Abandonment or Incarceration: If a parent has abandoned the child or is incarcerated, the court may find that awarding full custody to the remaining parent is warranted.

Contact Our Jensen Beach Child Custody Lawyer Today

At The Law Office of Denise Miller, PA, our Jensen Beach child custody attorney is a compassionate, experienced, and solutions-focused advocate for parents. If you have any questions about seeking sole custody, we can help. Call us now or contact us online to set up your fully confidential, no-obligation case review. We handle custody cases in Jensen Beach and throughout Martin County.

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