When two parents decide to get a divorce, one of the most important decisions they will make is who will have custody of their children. Regarding that, there are two different types of child custody. And sole custody is one of them.
Know that – each type of custody has its benefits and drawbacks. Here, I will discuss sole custody and what it means for the child. Stay tuned!
What Is Sole Custody?
Sole custody is when one parent is primarily responsible for the child’s physical care and makes significant decisions about the child’s welfare, including education, healthcare, and religious upbringing.
On the other hand, the non-custodial parent usually has visitation rights with the child. Yet, they may be limited in how often they can see the child and their decision-making power. In some cases, the non-custodial parent may have minimal contact with the child.
Sole custody arrangements are not always permanent. If something changes, for example, the custodial parent gets a new job that requires them to travel a lot, the custody arrangement may change.
What Are The Benefits Of Sole Custody?
There are several benefits of sole custody for both the child and the custodial parent. First, it provides stability for the child. Because having one primary caregiver can be less confusing and stressful for a child than moving between two homes.
Also, this can help the custodial parent maintain a consistent routine and set rules for the child. In addition, the custodial parent is solely responsible for deciding about the child’s welfare. So, there is no need to consult with or agree with the other parent on every issue.
What Are The Drawbacks Of Sole Custody?
While there are some advantages of having sole custody, there are also some disadvantages. One of the most challenging aspects of sole custody for the custodial parent is that they are alone responsible for all aspects of the child’s care. And that can be very demanding both emotionally and financially.
It can also be difficult for the child to maintain a relationship with the other parent as they will only see them occasionally. Furthermore, the custodial parent can pass away or become incapacitated. As a result, there will be no one else who can step in to take care of the child.
How to Get Sole Custody of a Child?
If you are a parent interested in getting sole custody of your child, there are a few things you need to do. First, you will need to file a petition. In the petition, you need to state the reasons for wanting sole custody and ask the court to grant you this particular custody arrangement.
Next, you will need to provide evidence to support your request for sole custody. This may include proofs that the other parent is unfit or that they have been abusive.
Once you have filed your petition and provided evidence, the court will decide whether or not to grant you sole custody. If they decide in your favour, they will issue an order that gives you primary physical and legal custody of your child.
How Is Child Custody Determined?
Note that the court will always decide on the child’s custody based upon—what is in the child’s best interests. Factors that the court will consider are:
- The child’s age.
- Relationship with each parent.
- Each parent’s ability to provide for the child’s needs.
- The child’s preference (if they are old enough to express one).
- Any history of abuse or neglect.
- The court will also consider any other factors that they feel are relevant to the case.
How Can a Lawyer Help You Through This Process?
If you seek sole custody of your child, you may want to consult with a lawyer. A lawyer can help you with understanding the laws and the court process. They can also help you gather evidence to support your request for sole custody. Finally, a lawyer can represent you in court and advocate on your behalf.
Sole custody can be awarded by a court or agreed upon by both parents. And, it’s essential to know what sole custody means for you and your child while proceeding with a legal separation.
Moreover, you need to be aware of the benefits and drawbacks of sole custody before deciding. If you have questions about custody arrangements, it’s best to speak with a lawyer to get expert advice.