Understanding Sole Custody

When you are going through a divorce, it is common to want sole custody of your children. For one reason or another many parents often have the sentiment that their ex-spouse is not what is best for their child. Thus, like any parent you want the best for your child and in your case you believe that means receiving sole custody. However, the vast majority of the time this is not the case; in almost 95 percent of divorces the terms and conditions of parenting are laid out and agreed upon in the parenting agreement. In most cases shared child custody and joint custody are the most commonly agreed upon parenting styles. However, depending on the circumstances surrounding your divorce, there is a chance you may be eligible to receive sole custody of your children.

What Is Sole Custody?

Sole custody is granted by a court and allows one parent complete physical and legal custody of a child. Physical custody describes the parent who gets to raise the child on a daily basis. Meanwhile, legal custody describes the parental right to make long-term decisions for the child’s future regarding issues such as religion and education. In most cases sole custody is only granted when the court determines that the other parent is “unfit” to raise the child. This determination is typically only made when the parent is abusive or has a history of alcohol or drug abuse. In the event that sole custody is granted ,then the parent who does not have custody of the child may be eligible to receive certain visitation periods with the child. Overall sole custody is becoming exceedingly rare in the state of Florida as courts find out just how important it is for children to be raised by both of their parents, even if the parents no longer live together.

Benefits of Sole Custody

The benefits of sole custody for the parent who has custody of the child largely relies on the freedom they have in how they choose to raise the child. They have complete control of the child’s life and what the child will do. They will not need to get the other parent’s–known as the non-custodial parent–approval regarding decisions pertaining to the child. However, it is important to know that the court may place limitations as to the exact extent of the sole custody that is granted. For instance, if the noncustodial parent that has visitation rights then the parent with sole custody may not be eligible to relocate the child without prior court approval.

Contact Us for Help

The process of going through a divorce can be a difficult period and is extremely emotionally draining. This can be especially true if you are concerned about the custody situation of your children. This element can make the process far more challenging to handle. Fortunately, with the help of an experienced divorce attorney, you will be able to rest assured that a knowledgeable professional is advocating on behalf of your best interests. Your attorney will be able to evaluate your situation and formulate a plan of action to ensure you are being protected. For more information, call Fort Lauderdale family law attorney Sandra Bonfiglio today for a free consultation.

Resource:

encyclopedia.com/social-sciences-and-law/law/law/child-custody