Family law courts understand the importance of parental involvement in a child’s development. Children do better in school and with their peers when both parents are actively involved in their lives.
Unfortunately, that’s not always the case, and there are situations where a child is better off with only one parent having custody.
Reasons why sole custody may be granted
Sole custody means that one parent has both physical and legal custody of the child. Physical custody refers to the situation where the child resides with one parent for the majority of the time. Legal custody authorizes one parent to make all important decisions about the child’s upbringing, such as education, healthcare and religious instruction. The other parent may be limited to visitation rights or no contact.
Although the courts prefer shared custody between the parents, there are situations when sole custody is necessary, such as:
- If one parent has abused or neglected the child
- There are substance use disorders or addictions that could endanger the child
- One parent can’t provide a stable and safe home environment
- The parent has abandoned their child or voluntarily gives up their parental responsibilities
- There is such severe parental conflict, and one parent refuses to compromise
Even if the court awards sole custody to one parent, it may still award parenting time to the non-custodial parent unless doing so could harm the child. Furthermore, the non-custodial parent is still required to pay child support.
If you believe that sole custody is best for your child, you will want to gather any documentation that supports your case, including police reports, medical records and witness statements from teachers and family members. You will also need to file a petition with the family court requesting sole custody and attend all court hearings.
You shouldn’t attempt to do this on your own. You will want a legal professional to guide you through the process and help present your case.
