In many states, sole legal custody is becoming less common unless joint legal custody is deemed unsafe for the child. Here are the pros and cons of sole legal custody. Keeps children safe when one parent is ill-equipped to make decisions due to issues like substance use, instability, and abuse. May limit the involvement of one parent and potentially causes children to view that parent as less important.
Sole legal custody is often appealing to parents because of its simplicity—no one has to be consulted when a decision is made. But regardless of the appeal, sole legal custody is not meant for situations where parents simply have different child-rearing philosophies or difficulty collaborating.
Instead, sole legal custody is meant for situations where it is clear that one parent is more equipped or available to make sound legal decisions. For instance, when one parent travels outside the country a great deal, is moving out of state, or presents issues with substance use, child neglect, or domestic abuse, sole legal custody is a reasonable expectation. If both parents are available and fit to make reasonable decisions, sole legal custody is not the best option and courts are unlikely to grant that request.
Situations where sole legal custody works well include:. Before you attempt to get sole legal custody, ask yourself if you are pursuing this route because it is what is best for your children. If you are pursuing sole legal custody because you want total control or you don't want to have to deal with your ex ever again, it's important to realize that these are not good reasons.
Children benefit from having active relationships with both parents. They also benefit from seeing both parents collaborate and compromise with their interests in mind.
Sole legal custody is a good option if there are issues that make one parent unfit or unavailable to make sound decisions for the kids. But pursuing sole legal custody without a sound reason will likely be denied in family court. Kids benefit tremendously from having different perspectives and approaches in their lives.
If you can, focus on co-parenting effectively and your kids will benefit in the long run. Get expert tips to help your kids stay healthy and happy. New York Courts. About custody. Predictors of custody and visitation decisions by a family court clinic. The judge will make a decision based on the best interest of the child, how the child was affected, and whether the parent has gone through the steps needed to be a better parent. Domestic violence. If one parent was abusive toward the other parent, the abused parent might get sole custody.
Again, this decision will be made based on the best interest of the child, whether the child witnessed the abuse, and whether the judge believes the child will be safe with the parent accused of domestic violence.
Mental health issues. Most parents with mental illness are able to take good care of their children. Some, however, particularly those who do not accept or seek treatment for their condition, are unable to provide a safe place for the child. In this case, the healthy parent might be given sole custody of the child. If one parent has left the other parent and child and is not having contact with them, that could be grounds for the other parent being awarded sole custody.
One parent in jail. If one parent is incarcerated, the other can ask for sole custody. That parent might or might not decide to take the child to visit the other parent in prison.
Additionally, in some cases, a parent who will be in prison for a long time might have his or her parental rights terminated. No Legal Advice Intended The contents of this website are intended to convey general information only and not to provide legal advice or opinions. This field is for validation purposes and should be left unchanged. Common Divorce Mistakes to Avoid August 9, July 30, Legal Disclaimer Privacy Policy.
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Performance Performance. Analytics Analytics. Although the parent with sole custody has decision-making rights they can not deny the visitation rights of the other parent. Even when sole physical custody is awarded to one parent it is more common to award joint legal custody.
The court will generally reject a request for sole custody in a situation where both parents are deemed to be equally fit but are simply looking to avoid communication with each other. If this is the case, the parents need to work out a way to communicate effectively for the sake of the children.
Unless the child is in danger by being with a parent the court is less likely to grant sole physical and legal custody to one parent. In that situation, the court is more likely to grant sole physical custody to the parent that is more fit to provide adequate care for the child.
In regards to having sole custody of a child and relocating, it may not be as simple as it seems. If the parents have to go to court over a possible relocation the court will usually issue a temporary order that maintains the status quo while the case is underway. References: General Visitation Rights in Divorce. Find out how simple the divorce process can be when you work with a law firm that puts you first. Book your consult today! My husband and I were in a situation where neither of us really needed a lawyer to sort things out, so I decided to file pro se.
I was concerned about making a mistake in the paperwork and delaying the final separation, so I called SterlingLawyers. There would be no big legal fees incurred for her presence in court or for her time in filling out documents that I was capable of handling myself.
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