Most people after going through a divorce, hope to get sole custody of the children. You want your children to be happy and sharing custody may not always result in that. It's essential to understand sole custody and what it means. To get sole custody also known as full custody you need to show the judge why you deserve the custody. In this article, we tell you how you can work with the child support lawyer to increase the chances of getting the sole custody.
Sole custody Vs. Joint custody
It's essential to understand sole custody before you can speak to your divorce lawyer. Sole custody involves legal and physical custody of the children by one parent while in joint custody the legal and physical custody is granted to both parents. Legal custody gives one parent the decision-making authority while the sole physical custody the child lives with one parent. In joint custody, the parents share the responsibilities of raising the children.
In sole custody, one parent is granted the custody of the children while the other parent only gets visitation rights. The court will grant the visitation rights unless there is a reason not to.
Factors considered when awarding sole custody
There are several factors that the judge considers when awarding sole custody. The judge will consider the best interest of the child and stability of the parent seeking sole custody. Below are factors that the judge will consider when awarding sole custody;
- The best interest of the child
The judge will determine who gets the sole custody by considering the interest of the children. The parent seeking sole custody should have a solid reason why they want sole custody and why they are the best to bring up the children.
- Etiquette in the courtroom
The judge will consider the behavior of the parents in the courtroom. If you are well behaved, then the judge will most likely consider granting custody to you. If you misbehave in court will most likely deny you the custody.
- Documents presented to the judge
Make sure that you present all the critical documentation needed during the sole custody hearing.
- Dressing code
If you are looking to win sole custody make sure that you dress appropriately
It's best to work with the best divorce lawyer to ensure you win the sole custody. The judge will not grant sole custody unless they are convinced beyond reasonable doubt that the other parent is not fit. Evidence of drug abuse or domestic violence will hinder sole custody
Circumstances that warrant sole custody
Most judges will want the children to spend time with both parents; however, some circumstances can lead to sole custody. Below are the reasons why the judge will award sole custody.
- Abusive parent
If one of the parents has a history of abuse either physical or sexual abuse, the judge will grant sole custody to the other parent. A child should be protected from such a parent.
If a parent is known to neglect the children, the judge will award custody to the other parent. Neglect includes failure to provide for the children. If the parent fails to provide food, shelter, and medication, then the judge will award the sole custody to the more responsible parent.
- Drug abuse
A parent who abuses drugs and alcohol is not fit to raise the children. A parent who takes drugs is prohibited from taking care of the children.
- Mental illness
A mentally unstable parent will not be able to take care of the children. The parent may endanger the children. A suicidal parent will not be able to take care of the child, and the judge will award custody to the other parent.
When the parent abandons the child, the judge will grant sole custody to the other parent. If a parent doesn't show any interest in the children, then the judge will award custody to the other parent.
If one parent is in prison, the other parent gets sole custody.
If a parent moves, the other parent may seek sole custody.
You need to prove beyond doubt that the other parent is incapable of raising the children. Work with the top-rated divorce lawyer to get the sole custody of your children.