However, sole custody does not give one of the parents the right to make all decisions. For this to happen, they must also have sole custody. This type of custody gives the parent the right to make all decisions concerning the children. Can I make health decisions if I have sole custody? Melissa`s question: I work full time and so does my husband. His mother and father are the caregivers of the child while we work, and my husband always says he would prove that he and his parents are the only providers. Can he really get full custody just because his parents watch them during the day and see my kids more than I do? Another advantage of sole legal custody is its consistency, on which children live. For example, sole custody eliminates the confusion that children might face if their parents made parenting decisions based on conflicting belief systems. Brette`s answer: You don`t have to tell him anything. He is entitled to his visiting time and nothing else, because you have sole custody. You don`t have to deal with it. Brette`s answer: Honestly, it depends on the precedent in your state and the type of judge you get.
If there is a strong preference for joint custody and there is no evidence that he is a bad parent or that you cannot work together, the court will order it. How can you get full custody if joint custody is what most courts want? There are certain elements you need to demonstrate to thwart a court`s preference for joint custody. How to get sole custody or sole physical custody, or both, can happen if the following is true: In many states, sole custody is becoming increasingly rare unless joint custody is considered dangerous to the child. As a result, joint custody – that is, parents participate in decision-making – is becoming the standard decision in many family court systems. Here are the advantages and disadvantages of exclusive legal custody. Brette`s response: Emotional abuse is a problem and if you are ever in physical danger, you will need to call the police or visit your local domestic violence shelter. However, his relationship with you really does not determine whether he should have contact with his child. A custody decision is made based on what is in your child`s best interests, and in most cases it is best if the child has two parents.
Brette`s response: Ask for the custody order to be enforced if it still means the child is living with you. If you have modified it to reflect the situation, submit a change based on the circumstances. First, a situation where there was no custody decision and one of the parents was the sole caregiver of the children. Brette answers: If you have sole custody, then you have the decision-making power for all medical and mental health issues. A parent confronted with another parent who uses illegal drugs or abuses prescription drugs or alcohol should be vigilant in retaining the services of an experienced family law lawyer. The family law lawyer will assess the facts and determine what applications should be made to the court and whether exclusive legal and physical custody orders or something else are the best. Brette`s response: I suggest you speak to a lawyer who can review the details of your situation. One of the problems is that you let him have them for every night, which meant that it was he who could establish the nightly routine. If this was the routine it has put in place, the court might consider that it is the one that interferes with the already established routine. Their verbal abuse of you doesn`t automatically mean they`re an inappropriate parent, although this can affect the child and you have to show that they are. It seems like you`re all going through a period of change and so now is a good time to restructure your agreement and timeline.
I think it`s unlikely that you will be able to get sole custody, which is simply based on what you`ve outlined here, but you should discuss it with your lawyer. Instead, I think what you need is a change to your agreement so that everyone can have a „reset“ and start over with clear rules and a clear timeline. Can I get sole custody if my ex hasn`t had contact for years? This is becoming increasingly rare because many government policies make joint custody the norm. In these States, sole custody is granted only if joint custody would be detrimental to the child. Shannon`s question: What would be my chances of getting full custody of our daughter if I suspected that her father was using marijuana, even though he had it at home? How do I get my child back if I have sole custody? Does he have the right to access the records if I have sole custody? The most obvious reason to seek sole custody is to protect your child from physical harm, especially if the other parent has had one of the following problems in the past: If you are seeking sole custody, you should hire an experienced family law lawyer. Custody is too important to do it yourself. Carolyn`s question: Currently, I have sole custody of my son and joint custody with my ex. As part of the joint custody agreement, I am told that I have to contact him for certain things. However, he changed his number so I couldn`t call him.
He has only seen my son twice from court, even though he has access three times a week.