Sole Legal Custody Explained
Sole legal custody is a type of custody that’s granted to one parent, giving them almost exclusive decision-making power over many aspects of life for the child. If you are able to secure sole legal custody, you can make many major decisions for the child without having to consult with the other parent. This includes access to medical information, educational options, mental health treatment, and daycare and afterschool care. You may be wondering how sole legal custody differs from joint legal custody, which is another type of custody granted to parents. Joint legal custody is essentially a shared responsibility when it comes to making decisions about a child . This means the parents are obligated to communicate and cooperate with each other on these matters, in light of what would be in the child’s best interests. Just because parents do not see eye to eye on certain issues does not mean that a court will necessarily award sole legal custody to one parent. All orders of sole legal custody must take the above factors into account and weigh them to determine whether the award serves the interests of the child. In addition, the non-custodial parent has a right to access all records relating to the child, so healthcare providers, educational professionals and mental health care providers have an obligation to discuss matters with both parents.
Qualifying for Sole Legal Custody
To determine if a parent is eligible for sole legal custody, the court will examine several factors to ascertain what is in the best interest of children. These include the child’s age, health, sex and emotional status, the parent’s financial status, the closeness of the child to the parent and the length of time that the child has lived with the parent.
When determining what is in a child’s best interest, the court will place considerable weight upon recent factors. For example, the court may consider whether the parent has acted as if they had legal custody with respect to the child long before the issue was brought to court. It may also consider whether the parent has a conflicting residence.
Negative factors may reduce the chances of a parent being considered for sole custody. These include abandonment, spousal abuse, emotional instability and drug or alcohol problems. Courts may not consider a parent’s homosexuality or sexual orientation when determining the issue, although there have been cases where a parent’s sexual orientation led to personal instability sufficient to warrant a ruling against having sole custody.
Creating a Compelling Custody Case
Building a strong case for sole legal custody requires a strategic approach and meticulous preparation. It’s essential to understand why the court may award sole legal custody to one parent and be able to present a convincing argument backed by evidence.
The first step is to thoroughly understand the concept of "best interests of the child" as it applies to legal custody. Courts generally favor arrangements that foster ongoing involvement of both parents in a child’s life, unless there is strong evidence that demonstrates the other parent is unfit.
Once you have a solid understanding of the legal standards, you can begin to gather evidence that supports your claim to sole legal custody. Keep records of any interactions with the other parent that demonstrate a pattern of harmful behavior. This could include substance abuse, violent tendencies, neglect or a complete lack of engagement with the child. Additionally, document any instances where the other parent has attempted to limit your time with the child or interfere in your parenting time.
Preparing documentation is another key element in building a strong case. Compile all evidence and detail your child’s needs as well as the other parent’s ability (or inability) to meet those needs. A journal that details relevant events and concerns can be an essential part of the process. It should show a clear, logical picture to the court regarding why sole legal custody is in the child’s best interests.
Ideally, working with legal professionals experienced in family law is a must. It’s important to convey all available evidence to your attorney so they can properly advise you on the merits and likely outcomes of your case. Additionally, legal professionals can often assist in organizing information and building a strong case.
Fighting Your Case in Court
Securing sole legal custody requires going through the court system. Typically, one parent files for sole legal custody of the child, citing the need for a decision-making parent if the other parent has shown that he or she cannot fulfill that role as a result of unstable behavior, drug addiction or other factors. When filing for sole legal custody, the court procedures are the same as when filing for divorce. The petitioner files the petition and serves it to the other parent before attending an initial hearing to discuss the request. He or she should be prepared to explain what issues have made it difficult for both parents to share responsibility for the child, such as the inability of the parent to handle the situation or to be around regularly. A forensic or neutral custody evaluation may be ordered in some cases. In situations where parents already share joint legal custody and one parent wishes to change it to sole legal custody, a court must grant a motion for a modified parenting agreement. In all cases, sole legal custody orders seek to establish a parenting plan that is in the best interest of the child.
Common Obstacles and How to Tackle Them
Emotional challenges are often the most difficult part of going through a custody battle initial consultation with a lawyer. A good attorney will help you emotionally through the process. I also suggest the use of a therapist or counselor during any period you are going through a divorce that includes custody litigation. I am not a therapist or psychologist and cannot do the job for that kind of professional. That kind of help is invaluable. Ask your attorney for a referral. A major emotional hurdle is putting your children first and moving beyond any animosity you feel for the other parent. Often, in my experience, one parent if not both is using children as a weapon or trying to hurt the other parent. A therapist can be helpful in resolving this issue. Financial challenges are often present in a custody battle. You may be forced to move out of your home and into an apartment that you may have trouble affording the rent without your spouse’s income. You may be unemployed due to the breakdown of the marriage or the other parent prevented you from having a job. Divorce attorneys are expensive and often it takes a long time to resolve issues, especially when a spouse has a lot of income, property, and assets. On the other hand, it can be harder when a spouse had little income during the marriage or more recently . Attorneys can help with negotiating a temporary support amount to help you pay for your case to get your children what they need. Attorneys also look for gaps where one person is getting away with something or receiving more than their fair share of income or assets. Lastly, attorneys try their best to make affordable rates. There are statutes about discovery that can get cost prohibitive. We often have had to bargain hard to get maximum information at a reasonable price. I have no problem telling my client to stop and get a court order to prevent a party from extorting them with overly broad and costly discovery. Licensing issues can also interfere with your ability to see your kids. You should notify your lawyer about any licensing issues you have, and they may suggest a post-judgment situation to help you deal with this issue. The biggest hurdle in a custody case, in my opinion, is opposing counsel. Some lawyers like to take meritless arguments just to run up the billable hours. I have a lot of experience litigating these cases. I have had a client get angry with me because I told them they could not win all points and told them that they had to suck it up and be pleasant and courteous to the other parent in order to get the best result for the children.
The Importance of Engaging a Lawyer
The process of gaining sole legal custody of a child can be difficult for even the most organized and capable parents. Fortunately, experienced legal representation can dramatically reduce the hassle associated with complex family law issues. Child custody attorneys are well-versed in both the relevant laws and the procedures often used by courts when determining parenting rights and responsibilities. With a strong understanding of what is required for loved ones to attain the desired outcomes in cases involving custody and parenting time, attorneys are able to provide invaluable assistance to clients at each and every stage of the process. A skilled lawyer helps clients clearly understand their legal rights and responsibilities, walks them through various steps of the legal process, handles paperwork and other challenges, as needed and stands up effectively for those they represent when a case is heard in court.
The right legal professional does much more than assist with the technical aspects of a custody dispute. Experience plays an important role when it comes to predicting behaviors exhibited by opposing parents in general and particular judges and other courtroom personnel. This allows parents to arrive at realistic case goals long before a child custody case goes to court.
Custody issues involving a child are often complex. Ascertain which legal professional will help you avoid unnecessary errors that could lead to dramatic delays, expensive mistakes or otherwise impact your case.
After Custody: Retaining Sole Legal Custody
Once you have sole legal custody of your children, what can you do to ensure that your rights and responsibilities remain in place? You still need to raise the children in compliance with the court order, and you should be aware of the effects that such a custody arrangement could have on the children as you raise them. Children should be shielded from the complicated details of the divorce and the custody hearing. Instead of making them feel as though they have to choose one parent over another, both parents should be involved in their education, health care, social activities , and religious upbringing. For example, if your child often gets excellent grades, there is no reason to only celebrate her achievements with the custodial parent. In most cases, the child needs both parents to be involved, regardless of where they live, so long as those parents can come together for the benefit of the children. If you believe that your children are being manipulated by the custodial parent or that that parent is refusing to include you in their lives (despite opposition from a therapist, if one has been established), then speak with your lawyer about your options.