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Sole Custody Overview
A child’s parents can decide on sole legal and physical custody, or a court can make the decision. The advice of an experienced attorney could be the difference in suing for or defending against a sole custody action when the decision can not be made cordially.
A parent with sole custody has legal and physical custody of the child and the sole right to make decisions about the child’s upbringing without input or interference from the other parent.
Where the parents do not agree and both seek to retain custody, the court will have to settle the dispute. This could involve claims that one or the other parent is unfit or absent from the child’s life or assertions that a parent’s living conditions would not be suitable for a child. To reach resolution and determine custody may require your appearance at more than one court hearing.
How a Sole Custody Attorney Can Help
A sole custody lawyer could help you in many ways, including:
- Advise you on current child custody law and whether getting sole custody is feasible and your best option
- Prepare and file court documents establishing your claim for sole custody
- Address charges of unfitness to parent
- Gather and present evidence in support of your case
- Negotiate to settle the custody issue
- Present your case for you in court
Further, a sole custody lawyer can prepare written agreements between the parents, specifying the terms of custody, and ensuring that the parent relinquishing custody understands that he or she is giving up rights to the child. This can help reduce the likelihood of future custody battles that could affect the well being of the minor.