Is It Possible To Get Full Child Custody In Uncontested Divorce?
Divorce is hard as it is, which is why many couples who are getting divorced choose to go the uncontested route because it is easier, simpler, and less painful in many cases. An uncontested divorce means that both parties reach an agreement as to a divorce settlement involving division of assets, child custody, child support, spousal support, etc., without the court's assistance.
The minute that one of the parties objects to a certain issue or the couple cannot reach an agreement - the divorce becomes contested and is no longer uncontested. If the couple has children, the court may still be involved to help determine child custody and child support issues. This is where many divorces become contested, as both parties are hoping for full custody of their children.
When this happens, both parties should speak with their attorney, as the court at this point may get involved in determining custody and support. Still, if there are no objections to one parent receiving full custody, the divorce may stay uncontested, so to answer the question, Yes, it is possible.
Parents should be aware that full custody often refers to full physical custody, meaning that the child will live with them permanently. However, the non- custodial parent is often still granted visitation rights on weekends, holidays, etc. Physical custody may also be joint in which both parents share physical custody of the child.
Even if one parent has full physical custody, joint legal custody is often granted. Legal custody is about who is making decisions regarding the child's health, education, religion, etc. Many divorces end in full physical custody and joint legal custody, but it varies from one case to the next.
An uncontested divorce is a great way to avoid animosity that often arises when the couple is fighting over certain issues. When children are involved, a divorce may be very stressful, especially when parents are being tugged in two directions. This is why couples choose to keep the courts out of it as much as possible & reach an agreement on their own.
This may not only help reduce the stress on the child but may also help reduce the stress on the couple getting divorced. The uncontested divorce may also be less expensive than a contested divorce, adding to its appeal.
If you need a reputable & experienced custody lawyer who truly understands the burden, challenges, & what it demands to fight for your rights & privileges in child custody disputes. Look no further than the legal office of Mr. Eric
Nakasu, the foremost Costa Mesa child custody attorney. Contact Mr. Nakasu at 1~(714)-916~9800 for a free initial discussion.