Winning full custody in a custody battle where the other parent is filing for joint custody can be a challenging situation to be in. However, there are likely to be very good reasons for why you are doing this. Perhaps you are worried about the way that the other parent is treating your child or about the activities your soon-to-be ex engages in, such as alcohol or drug use. Maybe you even think that the other parent could be a danger to your child.
You have every right to protect your child from danger and abuse, and filing for full custody can be a great way to do this in many situations. However, it can be a challenging route, because courts typically prefer to award joint custody whenever it is possible and when it is considered beneficial to the child. This is so that the child can have the emotional benefit of relationships with both parents.
Filing for full custody in Hawaii
In Hawaii, the courts have a large focus on making child custody rulings based on the best interests of the child. This means that they will pay heavy attention to the situation of the child -- age, specific needs, and when appropriate, preferences. This will always take precedence over each parent's personal preferences. Despite this, concerns raised by one parent about the child's safety will be investigated and taken seriously.
Allegations of domestic violence in Hawaii
If you believe that the other parent has the ability to become violent towards your child or any other family member, you will want to raise this with the courts. You may even have previous evidence of domestic violence. This will be investigated, and if evidence is found, it is unlikely that this parent will ever gain full custody of the child. However, depending on the situation, he or she may be granted visitation.
If you are seeking full custody of your child, it is important that you establish key reasons why this set up would be in the best interests of your child.