Grounds for Applying for Sole Child Custody

Mother higging her daughter

Children should ideally be brought up by both parents. This is, unfortunately, not always possible. While at times, one parent might pass away and leave a single parent home, in other times, this arises from the separation of the parents.

You obviously want the best upbringing for your kids, but at times, having your spouse co-parent with you after a separation is not ideal. In these cases, you should invest in the best divorce lawyers in London to help you get sole custody.

There are two forms of sole custody, including sole physical and sole legal custody. In sole legal custody, you will make all decisions for your child with no input from your ex. In sole physical custody, you live with the child, although your ex might have visitation rights.

The following are a few grounds that might inform your application for sole custody.

Unfit Parent

What a court might constitute as an unfit parent will differ in various jurisdictions. In most instances, abuse, neglect, and failure to give a child proper care are the common grounds that will be used to declare a parent unfit.

Drug addiction and mental health conditions are also standard bases for being declared an unfit caregiver. In cases of an unfit parent, the child will ordinarily be removed from their care for at least six months.

The parent left to seek help for their circumstances in this period. If the circumstances do not change, then the courts might award you full custody.

Absent Parent

While an absent parent is often one who does not live with their child, this is not the legal definition for the same. In legal terms, absent parents are those that fail to maintain close relationships with their kids and largely abandon them.

Those aiming to use absenteeism as the basis of their sole custody application will give courts time to locate the absent parent. If this parent turns up even after the courts have already given you full custody rights, they might get visitation rights.

Domestic Violence

Domestic violence currently marks one of the leading grounds of divorce. The environment created by fighting parents is an unhealthy one for child rearing.

The courts, in this instance, will award sole custody to the parent considered more reasonable between the divorcing parties. Keep the records of physical and emotional abuse in your marriage since they will boost the odds of winning full custody of your kids.

Child Preference

child with parents arguing in the background

Courts might also take into consideration a child’s wishes on which parent they want to stay with. There is a minimum legal age for the wishes of a child to be considered.

Although this varies among states, any child with a cognitive capacity will have their wishes considered. A child’s preference is nonetheless considered together with other elements.

Your child is the most crucial thing in your marriage, and ensuring the right parent gets custody is essential. This will determine the adult they will grow to become.

Sole custody in the presence of any of the above elements might be the primary element that guarantees a healthy upbringing for your child and allows them to become everything you envisioned.

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