Will I Get Full Custody in Divorce (Video)
Attorney Brent Kaspar explains child custody outcomes if both parents want maximum custody and emphasizes the importance of keeping the best interests of the child in mind. Child custody cases can be very contentious and, in some cases, full custody can be granted if the claim is supported with strong facts. Clients trust Kaspar & Lugay LLP to navigate them through this emotional process.
It’s uncommon to get full custody in a divorce as long as both parents are fit parents, and the default in California is typically a 50 50 custody split.
So as long as both parents want full want custody and they want the maximum custody, the default is going to be 50 50. There are instances in custody cases, custody disputes where a parent can be granted sole custody. And those are based on, um, the health and safety of the kid. And that’s the best interest of the child is what it’s called.
And if a judge determines that the, uh, one of the parents is unfit based on, you know, habitual alcohol or drug use, something along those lines. Then, um, you know, a parent can gain full custody, but that’s very difficult to show. It’s, um, it’s very fact sensitive and there has to be a lot of evidence presented at the case.
And the cases are very contentious and galvanizing, and it’s a, it’s an emotional process. So we want to make sure that the clients have a good understanding of what they’re getting into. And it’s not more of a frivolous claim. It’s gotta be something that’s really based on the law and you know, what the facts are.
The facts have to be really good facts and support what they’re asking. The Casper and Lugay, the attorneys, are, you know, fathers, mothers, aunts, uncles. We consider it very fortunate to, you know, have clients that trust us and how to handle their custody litigation.