Example: Mother and father divorced due to substance abuse and father`s addiction. The mother applies for and obtains sole custody of the child. This means that only the mother has the legal authority to decide on key issues related to the child`s upbringing, and the child will live exclusively with the mother. The father may have the right to visit a child. But apart from that, a parent has physical custody of the child. The only time visits do not take place is when it is dangerous for children to be with the parent who does not have custody due to issues such as abuse, neglect, instability or substance abuse. If you are facing a custody issue, it is important to consult a family lawyer. A lawyer can help you get the right custody agreement for you and your child, whether it`s sole custody or another agreement. Child custody laws vary widely from state to state, and your attorney can help you explain your state`s laws. Get help by contacting a local duty lawyer today.
Despite the fact that sole custody is an option, most states are becoming less and less forgiving in favor of agreements that increase the role of both parents in the child`s life. Even if sole custody is given to a parent, it is more common to award joint custody. Sole custody does not terminate parental rights. Deprivation of parental rights refers to a type of court order that permanently terminates the legal parent-child relationship. This means that the parent no longer has custody, access or inheritance rights over the child. A parent may apply voluntarily, or it may be involuntary if the court wants to authorize the adoption. In the case of sole custody, the other parent is still legally the child`s parent and has rights that are not expressly removed by the order. For example, the parent usually has access if the other parent has sole custody of the child. When determining custody, judges must decide what is in the best interests of the child. These include aspects such as the age of the child, each parent`s ability to care for the child, history of domestic violence, etc. Judges recognize the importance of constant contact with both parents with respect to the child`s development and will therefore generally conclude that joint custody is in the best interests of the child.
However, judges will have sole custody of the child for certain reasons. If the parents decide to give sole custody to one of the parents, the judge will usually approve their choice. If one parent simply does not show up to challenge the other parent in court, the judge will award sole custody to the other parent. In situations where the other parent is involved and refuses to give sole custody to the other parent, sole custody can still be transferred if it is shown that the other parent is unable to supervise the child. This can be proven if there is a history of child abuse, substance abuse, etc. The parent applying for sole custody must then prove that he or she is capable of sole custody of the child. Without sufficient evidence that the other parent`s involvement in decision-making could harm your child, your chances of getting sole custody are slim. Sometimes physical custody and sole custody are granted together, but this is not always the case. A parent may have physical custody and not sole custody or vice versa. The two forms of custody are physical custody and legal custody. Physical custody determines where the child will live, and custody determines which parent makes important decisions about the child`s education, health care, religion, and general welfare issues.
In order for a parent to have sole custody and maintenance of the children, the court must consider a number of considerations. Let us examine these considerations. The court`s only consideration of custody is always in the best interests of the child. The factors that the court considers for sole custody are the same when it comes to primary physical custody. Judicial considerations include, but are not limited to, the following considerations, as set out in NRS 125.480: (a) The wishes of the child, where the child is sufficiently old and capable of forming an intelligent custody preference. (b) Which parent is most likely to allow the child to have frequent associations and a lasting relationship with the non-custodial parent.