During a separation or divorce, parents must prioritize their child’s health and happiness. Custody battles can be messy and emotionally exhausting but it is crucial that the court decides on a custody agreement that suits the child’s needs. It is generally difficult to be awarded sole custody as it limits the child’s access to the other parent. However, it may be necessary under certain circumstances. If you want to know how you can obtain full custody of your child or require representation, do not hesitate to contact an Oakland County child custody lawyer.
What is Sole Custody?
Sole custody, also referred to as full custody, is a status that a parent holds where they have the right to see and make decisions for their child without the input of the child’s other parent. This parent has total physical and legal custody. Under sole custody, one parent will take care of the child and have them live at their house. The other parent may have visitation rights or they may not.
Legal custody is a parent’s right and responsibility to make major decisions on behalf of their child like choices regarding their health and well-being, education, religious upbringing, etc. Physical custody is a parent’s right and responsibility to care for a child including providing them with their home and taking care of them on a daily basis.
With sole legal or physical custody, only the custodial parent has the right to make decisions about the child and lives with the child full-time. Custody can also be joint.
How Difficult is it to Be Awarded Sole Custody?
It may or may not be surprising how difficult it is to be awarded sole custody. Full custody essentially cuts out one parent and gives them little to no rights to see their child or contribute to their life.
A court will generally only award sole custody when the other parent is absent or poses some sort of danger to the child. A court must prioritize the best interests of the child. In many cases, their best interests align with having access to and relationships with both parents. However, if a court determines that it would be harmful for one parent to have physical or legal custody, they may decide to award the other parent sole custody.
How Can I Get Sole Custody?
If you want to be awarded sole custody it is crucial that you work with an experienced family lawyer. You must demonstrate to the court why you should be the only parent with custody and your plan for raising your child.
Consider providing the court with evidence of the following.
- Your child’s other parent is mentally unstable
- Your child’s other parent is a drug or alcohol abuser
- Your child’s other parent has a history of violence, neglect, abuse, or abandonment
- Your child has expressed that they do not want to live with or see their other parent
The most important considerations are the child’s safety and stability. If you believe that having sole custody is what is best for your child, work with a skillful attorney to build your case.