Divorces are never particularly easy circumstances. If there are children involved, the process just becomes that much more complicated. The custody arrangement will likely depend on the decision by the court regarding what they think would be the best outcome for your children’s wellbeing. If you are in a situation where sole custody rights will be most beneficial for your child, it will be critical to ensure that you consult with an experienced divorce attorney. This will help to ensure the best possible outcome for your divorce process.
Requires a Good Reason
If you want to obtain sole custody of your child, it will be important to ensure that you have a good reason for trying to obtain sole custody. Without a particularly good reason, it is unlikely that you will be able to obtain sole custody rights. Most courts lean toward the idea that joint custody is the best for many children, so it will be important to provide proof that this isn’t the case for your situation.
The Kinds of Sole Custody
Though sole custody may sound like an all-encompassing aspect, it is beneficial to note that there are two general kinds of sole custody. The first kind of sole custody is physical custody. Essentially, sole physical custody means that your children live with you. The other parent may have visitation rights, but your child will primarily be with you. Legal sole custody is the other kind of sole custody. With legal sole custody, you are able to make all of the legal decisions regarding your child. While it is most common to have both physical and legal custody if you have sole custody, it is still possible to have sole physical custody, but not full legal custody.
Circumstances that may Result in Sole Custody Rights
It can be beneficial to understand the various circumstances that can potentially allow you to obtain sole custody rights. While these aren’t all of the reasons that you are able to obtain sole custody rights, they are many of the reasons why sole custody rights are ultimately awarded. Drug and alcohol abuse are large factors that the court will take under consideration when you petition for sole custody rights. Other circumstances include physical abuse or neglect, issues surrounding money and having the means to support a child, mental health issues, and ensuring a continually stable home for the children.
Explain your Reasons
When you want to file for sole joint custody, you will have to explain your reasons to the court. This is done through a letter known as a court petition. This petition is a necessary and important step in searching for sole custody. You will want to consult your attorney for assistance in crafting the petition.
Advantages of Sole Custody
There are several advantages of sole custody. However, it is important to remember that sole custody is not the ideal decision for every situation, but it may be for your situation. Sole custody rights allow you to protect your child, especially if you are concerned regarding the safety of your child around the other parent. Sole custody can also provide increased stability for the child because they will live in one household, rather than constantly moving between multiple houses. This custody arrangement may serve the best interests of the child, depending on the specific situation. Sole custody may also result in an improved relationship between the parents. With joint custody, the parents have to be in near constant communication. This can lead to far more disputes and issues that can cause the relationship to deteriorate.
Joint Custody
Courts often lean toward providing joint custody in divorces, because it is widely believed that children benefit from spending time with both of their parents. However, courts are also aware that joint custody isn’t necessarily the best arrangement for every divorce. If you want to obtain sole custody rights, it will be incredibly important to ensure that you provide a good reason for doing so.
Obtain Documentation
Documentation is often necessary when you are searching for sole custody rights. You will likely have to prove to the court that you have the resources necessary to support the child. In addition, you may have to prove the reasons that you want to obtain sole custody rights and that it would be in your child’s best interest to aware you with sole custody. Ensure that you keep documentation to help argue your case.
Don’t Lie in Court
Even if you think sole custody rights would be in your best interests, it is important to ensure that you only ever tell the truth in court. Lying or exaggerating is not a good idea, even if you think it will help in your case. Ensure that you are honest and forthcoming regarding the situation whenever you pursue sole custody rights.
If you intend to fight for sole custody rights, it will be critical to ensure that you obtain superior legal representation to help you throughout your divorce. Our experts at the Rocky Mountain Law Office can help to provide you with this guidance. To learn more about sole custody rights and how you can potentially obtain them, contact our team at the Rocky Mountain Law Office today!