Monday, June 25, 2012

Can I 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 and property, child custody, child support, spousal support, etc. without the assistance of the court. The minute that one of the parties objects to a certain issue or the couple is unable to reach an agreement, the divorce becomes contested and is no longer uncontested.

If the couple has children, an officer of the court may still be involved to help determine child custody and child support issues. This is where a lot of divorces become contested, as both parties are hoping for full custody of their children. When this happens, both parties should speak with their attorney and 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 posed in the title, 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 refers to 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.

Uncontested divorce is a great way to avoid animosity that often arises when the couple is fighting over certain issues. When children are involved, animosity in the divorce may be very stressful on them, especially when they are being tugged in two directions. This is why some couples choose to keep the courts out of it as much as possible and 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.

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