Both parents are important. Whilst you may think you should have sole custody of your child it is anticipated that a child will have a relationship and spend time with both parents unless they are at risk of harm. If you are worried that your child is at risk of harm you should take action immediately — call us or request a call back. Most parents manage to reach an agreement between themselves and arrange what they call shared custody. Parents who cannot agree about how their child will be cared can apply to the court for a child arrangements order , but they should first attempt mediation where an independent third party will listen to both sides and try to help a couple reach an agreement.
Parents who are still unable to agree, whether that is with the help of their solicitor or with a mediator, can ask the courts to decide at a court hearing. The resulting Child Arrangements Order will deal with living and contact arrangements with both parents. A court will always consider what is in the best interests of the child and will use the Welfare Checklist before making their decision. If a parent has sole legal custody , they can make all major decisions regarding the child without consulting the other parent; this includes decisions about medical care, education, religious upbringing and moral development.
The other parent can still make small, day-to-day choices when caring for the child. Make My Parenting Plan Now. The clearest reason to ask for sole custody is to protect your child from physical harm, especially if the other parent has a history of any of the following issues:. ABUSE : If a parent has assaulted or sexually abused the other parent or any child, this presents an obvious danger to their child. Neglect is the failure to provide a child with necessary medical care, dental care, supervision, food, clothing, shelter or other safeguards to protect the child's well-being.
The altered mental state that occurs as a result of substance abuse prohibits the parent from being able to properly care for the child. For example, a child should never be left with a suicidal parent.
If a parent has shown little interest in their child and has failed to maintain contact with them, you may want sole custody so the parent can't resurface years later to exercise custody rights as a virtual stranger. In this case, you may want to seek sole custody, and the other parent can have visits with the child after their release from prison, if appropriate. Don't feel obligated to take your child to visit a parent in prison if you feel it may harm the child emotionally.
Sole Custody vs. Joint Custody For some families, sole custody can be the best outcome for the child. Here's what sole custody entails: Sole physical custody is where the child lives primarily with one parent, while the other parent has visitation rights. Sole legal custody is where one parent has decision-making authority. This includes making major decisions about education, religion, and medical care. Sometimes a parent will have both sole physical custody and sole legal custody, although this is the exception, rather than the rule.
Often, if one parent has sole physical custody, the parents have joint legal custody, which requires discussing major decisions and coming to an agreement. Joint custody, or shared custody, can be either joint physical custody, joint legal custody, or both. With joint physical custody, the child lives with each parent for a certain percentage of time, such as part of a week or every other week. Each state has its own view of custody, but because courts want both parents involved in the child's life, judges typically want the parents to have joint custody.
How to Obtain Full Custody How can you get full custody if joint custody is what most courts want? How to get sole legal custody or sole physical custody, or both, can happen if the following are true: Sole custody is in the best interests of the child, and Joint custody isn't a good idea because you and your spouse can't get along well enough to co-parent your child Almost all states require the court to consider the best interests of the child before awarding sole custody.
About the Author Ronna L. Related Topics. Facebook Twitter. This portion of the site is for informational purposes only. The content is not legal advice. The statements and opinions are the expression of the author, not LegalZoom, and have not been evaluated by LegalZoom for accuracy, completeness, or changes in the law.
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