Understanding the differences between full and sole custody can be crucial when parents face divorce or separation. Sole custody is the arrangement in which one parent has full physical, legal, and decision-making power over the child.
Generally, getting sole custody can be challenging as courts are reluctant to strip one parent of all rights. However, given some specific circumstances and with the appropriate legal assistance, as offered by the experts at Atlanta Divorce Law Group, you may be able to obtain a sole custody order. With that being said, let’s take a look at the ins and outs of sole custody and how to effectively obtain it.
Understanding Sole Custody vs. Joint Custody
During a divorce, sole and joint custody are often the preferred choices. Sole custody entails both legal and physical custody. With sole physical custody, the child primarily resides with one parent while the other enjoys visitation rights. Conversely, sole legal custody grants one parent decision-making authority over significant aspects of the child’s life, including education, religion, and medical care.
In a joint custody plan, both parents have physical and legal custody rights. Joint physical custody allows both parents residential time and responsibility for the child. On the other hand, joint legal custody grants both parents decision-making authority in the child’s life. Custody laws vary from state to state. However, since most courts prefer a decision that will keep both parents involved in their children’s lives, joint custody is usually the ideal choice.
Factors for Obtaining Sole Custody
It is crucial to establish that sole custody is in the child’s best interests and that co-parenting through joint custody is not a viable option due to the inability to collaborate effectively. While each state has its own considerations, some factors will likely increase the chances of obtaining sole custody.
One factor influencing the decision is whether the other parent is deemed inadequate to raise the child properly. You can prove inadequacy by providing evidence of neglect or an inability to provide the child with a stable and suitable living environment.
In some cases, the child’s preference may also be considered, depending on their age and the laws in your state. Other factors the court may base on when granting sole custody include safety concerns, special needs, financial stability, and evidence of abuse, neglect, or abandonment.
Dispelling the Preference for Full Custody for Mothers
While it was once common for courts to award custody to mothers, the legal landscape has evolved to prioritize the involvement of both parents. Today, almost every state has laws that allow either parent to obtain custody.
However, you must note that some judges may still hold biases, favoring the mother as the custodial parent. Gender equality in custody decisions varies from state to state, with some jurisdictions providing more equal opportunities for both parents.
Why You Should Not Approach Sole Custody Alone?
While the desire to obtain sole custody of your child may be strong, the legal process can be complex. Therefore, it is highly advisable to get legal assistance. Family law is intricate and varies from state to state. Having in-depth knowledge of the legal framework to navigate custody proceedings effectively is essential.
A family lawyer can help you establish a strong case for sole custody by gathering evidence, presenting compelling arguments, and advocating for your rights in court. They thoroughly understand the legal system and can anticipate potential challenges or counterarguments from the other parent’s legal representation. Their knowledge can significantly boost your chances of achieving a favorable outcome.
End Note
Navigating the path to sole custody is challenging and requires a solid understanding of the legal process. Courts prioritize the child’s best interests, making it crucial to present a compelling case. With the complexities of family law, even minor missteps can impact your chances. Seeking the expertise of a family lawyer can greatly enhance your chances of achieving a favorable outcome and ensuring your child’s well-being.
