For many parents going through a divorce, the division of custody is the most contentious aspect. Unfortunately, many parents do not understand that their wishes for custody are not considered, as the courts will prioritize the child’s best interest. As such, it’s important to understand what the courts will factor in when determining how to divide custody and under what circumstances sole custody is awarded. If you’re going through a divorce and don’t know what to expect, the following blog explores these matters in further detail. Additionally, you’ll learn how a Somerset County child custody attorney can guide you through these difficult times to fight for the best outcome for you and your family.
What Is Sole Custody?
When a parent is awarded sole custody, there are usually two different meanings. The first is legal custody, in which the parent will receive the right to make the final decision regarding the child. This includes where they go to school, what healthcare procedures they receive, and what religion they practice. In many instances, you’ll find that even when a couple is awarded joint physical custody, one parent may receive sole legal custody.
Additionally, a parent may receive sole physical custody, meaning they have the child all or most of the time, while the other parent has visitation rights. In rare instances, a parent awarded sole physical custody may share legal custody of the child. This may happen in instances where one parent moves far away.
Typically, fighting for sole physical and legal custody can be challenging, as the courts believe it is in the best interest of the child to maintain a relationship with both parents. As such, the courts will generally only award sole custody when the other parent is deemed unfit.
What Should I Do if I Believe Sole Custody Is in My Child’s Best Interest?
If you are fighting for custody and believe that it would be detrimental for your child to be in the custody of your ex-spouse, it’s imperative to understand your legal options. Generally, the first thing you should do before engaging in a custody battle is obtain the services of an experienced attorney.
Next, you’ll need to show why it would be against the best interest of your child to be in the care of their other parent. Issues that the court may grant full custody for include:
- Substance abuse issues
- Inability to provide a safe home
- Abuse
- Neglect
- Incarceration
As you can see, fighting for the best interest of your child is not a matter you should take lightly. That’s why the team at the Siragusa Law Firm is ready to assist you. Our team is dedicated to protecting children’s best interests, which is why so many across the Garden State have relied on our firm. Connect with us today to learn how we can help you.
