Sole Custody Rights

Courts usually only give sole custody rights to one parent in cases where the other parent has been deemed unfit. Sole custody rights are awarded based on the perceived best interests of the child. That is unless one parent is thought unable to act in a child’s interest, then the courts typically award joint custody, because it’s believed that children are better if they have the opportunity to form a relationship with both parents.

Understanding 

There are two types of sole custody: sole legal custody, and sole physical custody. It’s extremely rare for a parent to be awarded both types of full custody. More commonly, a parent is given joint legal, and sole physical custody. A parent granted sole custody in both areas has the ability to make all the decisions regarding the child’s upbringing, such as the school he or she attends, the medical care he or she receives, and the activities in which he or she participates. Although the child lives with the parent who has sole custody, the other parent usually has access to the child during parenting time, but the court may require that an approved third-party be present.

 Awarding

Courts award sole custody when it’s in the best interest of your child. If you seek sole custody as a means of getting revenge on your ex, it could backfire, because you’re demonstrating that you’re willing to act against your child’s best interest in order to settle a vendetta. This is something the courts don’t look favorably upon. However, in cases of domestic violence, abuse, or incidents in which one parent exposed the child to dangerous situations, sole custody may be awarded. It can also be awarded if parents are deemed mentally or emotionally unstable, preventing them from making good decisions on behalf of their children. Individuals who truly believe it’s in the best interest of their children to obtain sole custody should prepare to provide evidence, and need to consider hiring an experienced family law attorney.