When a couple divorces, they usually end up splitting custody of their children. If you’re interested in pushing for sole custody, you should know that it’s an uphill battle. The courts generally lean towards making an arrangement where both parents have some form of custody. A Tazewell County child custody lawyer from our firm can tell you more about what you should expect.
What is Sole Custody?
There are two types of sole custody. Sole physical custody means that only one parent gets custody of the child. There isn’t an arrangement where the other parent gets the kids every other weekend or holidays get split up. The kids stay at one parent’s home.
Sole legal custody means that only one parent makes the important decisions concerning the child’s care. A parent can have legal custody without having physical custody. That would allow them to still weigh in on decisions about matters like the child’s healthcare, education, or religion.
Why Is It Difficult to Get Sole Custody?
It can be hard to get any type of sole custody because the court wants to make a custody arrangement that is in the best interests of the child. In most cases, having a relationship with both parents is seen as beneficial. The court is going to try and make sure that both parents have a role in the lives of their children.
This means that the burden of proof is on you if you want to push for sole custody. You need to show how being in your care exclusively is better for your children.
What Evidence Can I Use in My Arguments?
Essentially, you are going to need evidence that the other parent of your child or children is unfit. The state might consider someone unfit if they have a history of drug or alcohol abuse or if they have committed domestic violence. Abandoning their children and neglecting them would also count against a parent in a custody case.
The court won’t just take your word though. You need to be prepared with evidence like:
- Witness testimony about the other parent’s behavior
- Criminal records
- Restraining orders or protective orders
- Communications between you and the other parent
- Social media posts
- Videos or photos of the other parent engaged in dangerous behavior
If you can successfully show that the other parent is unfit, you may be able to get sole custody.
Can My Child’s Other Parent Still Get Visitation?
In some cases, the other parent may still have visitation rights even if they are not granted custody. This would have to be an arrangement that is safe and seen in the best interests of the child, so supervised visitation might be an option.
Talk to a Lawyer Today
If you are ready to make an argument for sole custody, you should have some help. Contact Butler, Giraudo & Meister, P.C. to schedule a consultation with our team. We can tell you more about how our lawyers can be of assistance.
