When pursuing custody of your child, you might be concerned about how difficult it can be. You might feel that it is unsafe for the children to maintain a relationship with their other parent, or they would be in harm’s way if you shared physical custody. If you find yourself seeking sole custody for the sake of your child, you should contact a trusted child custody attorney to learn more about your options. So, what is sole custody?
What Is Sole Custody?
Sole custody is when only one parent is awarded physical and legal custody of the child. This means that the child will live with one parent, and that parent will make all decisions regarding the child’s schooling, medical care, and extracurricular activities. The other parent can have parenting time rights, but they will not have any decision-making power when it comes to the child.
When Is Sole Custody Awarded?
There are four main circumstances in which sole custody may be awarded.
One Parent Has a History of Being Abusive
The court does not want to put the child in an environment where they would be at risk of domestic abuse by one parent or another household member. If one parent has been convicted of domestic abuse, is facing domestic violence charges, or the child has an order of protection against the parent, the court is more likely to consider an award of sole custody of the child.
One Parent Has Substance Abuse Issues
If one parent struggles with substance abuse issues, the court will also be more likely to award sole custody of the child to the other parent. The court wishes to keep children away from risky situations that they might encounter if one parent has a drug or alcohol dependency.
One Parent Has Untreated Mental Health Problems
If one parent has unmanageable mental health issues that would prevent them from fully caring for the child, the court might also award sole custody of the child. Mental health problems are important to identify when caring for children, and in some cases, the parent will be unable to fully provide for their child.
One Parent Has Alienated the Child
If one parent has intentionally alienated or interfered in the parent/child relationship, the court will take this into consideration when making a custody determination. Alienation or interference can take many forms, such as badmouthing the other parent to the child.
However, before awarding sole custody, the court will do everything in its power to help families experiencing parental alienation or interference. The court does not take awarding sole custody lightly, and if sole custody is awarded to one parent, it is usually because joint custody would be detrimental to the child.
Why Do Courts Prefer Joint Agreements?
The courts in New York generally prefer joint agreements because they feel that it is in the best interests of the child to have both parents involved in their life. With joint custody agreements, both parents can have input into the raising of their child and the child can maintain relationships with both parents. However, there are times when sole custody is a better option for the child.
Modifying to Sole Custody
In some cases, the family might have begun with a joint custody agreement but soon learned that it would not be in the child’s best interests. If this is the case, the court does have the ability to modify the custody agreement to award sole custody to one parent; however, this must be in the child’s best interests upon a change of circumstances that has occurred since the prior agreement or order was entered.
In closing, when deciding to pursue getting sole custody of your children, we understand that the decision isn’t an easy one, and that the path to achieving your goals can be complicated, stressful and lengthy. It’s important that you trust your divorce attorney, and make sure that with every decision you make, you are putting the health and wellness of your children first.