What Are Good Reasons to Get Primary Physical and Sole Legal Custody?

Maryland Law Blog

September 14, 2021
Category: Child Custody

You’re ready to separate from your spouse or partner, but don’t think co-parenting is the best option for your child. That’s why you want to request primary physical and sole legal custody of your child. If you have sole custody, your child will live with you full time, subject to the other parent’s possible visitation or access, and you can make all the major decisions regarding your child without consulting the other parent. Here are some instances when a judge may rule in favor of full custody.


If the other parent has a history of abuse, a judge may award sole custody. No matter if the abuse was done to the parent or the child, a judge may feel that awarding sole custody to the non-abusive parent is in the best interests of the child. The parent can be abusive mentally or physically, and a judge will still consider the abuse when awarding custody. 


If a parent has previously neglected the child, it’s a good reason to get full custody. If a parent has neglected the child once, it could happen again, and that poses a risk to the child. Neglect often means failing to provide the child with necessary medical care, dental care, supervision, food, clothing, shelter, or other safeguards to protect the child’s wellbeing. 

Substance Abuse 

A parent who abuses substances like alcohol or drugs poses a risk to the child. These substances alter one’s state of mind and prevent a parent from properly caring for a child. A judge may find giving full custody to the other parent the best thing for the child. 

Mental Illness 

Mentally unstable parents are a danger to a child’s wellbeing. The child should be protected from a parent who exhibits irrational and unpredictable behavior. Mental illness is a good reason to ask a judge for full custody. Even if a parent is awarded full custody, the child can still see the other parent and be protected from their unpredictable behaviors.


If one parent is imprisoned, they cannot properly care for the child. When this is the case, it may be a good reason to seek full custody. Once the incarcerated parent is released from prison, they can still see the child. If awarded full custody, it will be up to the parent to determine if taking the child to visit the incarcerated parent is the best decision. 

Looking for Full Custody?

If you are seeking full custody, let the experts at Alan Billian help. Alan Billian, P.A. has over 20 years of experience in family law and knows what it takes to get awarded full custody. Contact us now to request your FREE consultation.

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