It`s been 11 years since I got full custody of my four-year-old daughter in my paternity trial. And perhaps the most frequently asked question is, “How did you do that?” The question assumes that there was an unknown trick or that the scarcity of fathers ending up with custody is a kind of anomaly that only occurs when the mother is very unsuitable. Although mothers mainly receive primary custody, this is not always the case. Good fathers can and do win custody. I will develop the statistics in the next articles. Right now, those are the ten factors that really made a difference in my last court case. MOVE: If a parent is considering leaving the state or country, it may be preferable for one of the parents to have sole custody. Like some of the other reasons for losing custody of a child, it depends on the nature and extent of parental alienation. During a divorce, the parents may disagree on custody issues, or one parent may not entrust the children to the other parent. The violation of a custody decision can range from a technical and very minor violation to an intentional and significant violation. What we write only applies to California.
This section is not legal advice. Please do not use it as a substitute for legal advice. Testimonials are not a guarantee, guarantee or prediction of the results you can get in your case. Each case depends on its own facts. Sole custody should first and foremost serve the best interests of the child, not deprive the other parent. Domestic violence is probably the main reason why sole custody is given to one of the parents. If you can prove that your former partner attacked or abused you or your child in the past, the judge will want to protect your child from physical harm first and foremost. In case of abuse, the judge must order sole custody in this case. I am a father and I received full custody of my son then 2 years old. He is now 5 years old.
It was a brutal battle for custody and I was the best parent. Her mother used to receive two hours a week, supervised visits, and now she is completely absent. For two years, everyone involved in my case told me that I had no chance of getting sole custody. The judge, the lawyers, the mediators. I was the only person to say otherwise. I encourage all fathers to challenge the court. Fathers can win. Loss of custody of a child usually means loss of joint legal and/or physical custody. In addition, the visit can be restricted or monitored. On this subject, we wrote an article on the impact of domestic violence on a custody case. We recommend that you read it as it provides a good summary of California law on the subject. The reasons for losing custody of a child written in this article are not the only ones that exist.
The clearest 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: you probably won`t find answers to this question on the Internet. You need experienced and competent legal representation. This makes the other parent worse and the other parent wants the deceased parent to lose custody of the child on the day the parent is late. If one of the parents has sole custody, his or her child will live with him or her on a full-time basis and will have visits (possibly supervised) with the other parent, unless the court determines that the visits would not be in the best interests of the child. When Britney Spears suffered a widespread nervous breakdown in 2007, her ex-husband Kevin Federline was given sole custody of her sons – but sole custody and maintenance are two different legal issues. Although Spears now has 30% unsupervised custody, she has paid child support and all other expenses, even though she lost custody because she has the financial means to do so. If the other parent does not contest your application for sole custody, the lack of interest usually forces a judge to grant sole custody. There are a variety of reasons why parents abuse their children. They are all lost. Judges are rarely reluctant to deprive a physically abusive parent of custody of a child. 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. The court may grant the non-custodial parent a margin of appreciation in decisions relating to upbringing and remove part of the joint legal custody of the custodial parent. Sole custody is a good option if there are issues that make a parent unfit or unavailable to make informed decisions for children. But the pursuit of exclusive legal custody without just cause is likely to be rejected by the family court. Most courts assume that children benefit from spending time with both parents. However, they know that joint custody is not appropriate in all situations. These include the health, safety, education or general well-being of the child. Since the standard of best interests in custody matters is the basis for a family judge`s decision, the absence of co-parenting must be serious. This article is for those who have or expect to have custody of children in California.
If one of the parents has sole custody, he or she can make all important decisions about the child without consulting the other parent; This includes decisions regarding medical care, education, religious education, and moral development. The other parent can always make small daily decisions when caring for the child. It is also possible that the court may not believe that the violation was significant enough to warrant a loss or change of custody. The family court has a wide margin of appreciation in custody cases. If Child Protective Services has been heavily involved in a parent`s household, this could be a sign that custody needs to change. Child protection services may have conducted a thorough investigation of a household to determine whether abuse or neglect should be justified. In addition to domestic violence, child sexual abuse is an issue that judges take very seriously. To protect the child, they grant sole custody in this type of situation. And the problem the other parent faces is that if they refuse to give the deceased parent custody of the child, that other parent can be accused of violating the other`s custody period. A parent who has sole custody is also the only person who has the legal authority to make important decisions on behalf of the child. These types of decisions typically include education, religion, and health care. Here`s a more in-depth look at this type of custody, including the pros and cons of the deal.
What if you feel your grandchildren would benefit from living with a grandparent through a parent? Is there temporary custody of the grandparent until the parent has taken over his or her life? Mental health problems do not automatically mean a reduction in time or custody, but it will be something for which the parent will have to submit a treatment review. What laws in West Virginia relate to parental rights when a mother has children in foster care in New York City? Is West Virginia Children`s Services automatically taking custody of her new baby? Does the hospital check a database for other potential children it may have in the system? However, in situations similar to those described above, it may be in your child`s best interests to seek full custody. However, if you ask for full custody, you will face an uphill legal battle. What for? You must prove that any other custody arrangement would be detrimental to your child. You`ll also need to prove that your ex (or their new life partner) is an inappropriate parent. Before going to court, make sure you are well prepared with the advice of a family law lawyer. But is refusing to be parents together a reason to lose custody of a child? The answer is probably yes, although there may be less extreme solutions than losing custody of a child. Facilitates important decisions because only one parent is legally responsible The means of obtaining exclusive legal and physical custody of a child as a result of an actual threat or abduction are beyond the scope of this article. Some of the reasons why a parent loses custody of a child will surprise you. Some of the reasons won`t. Sole custody is often attractive to parents because of its simplicity – no one needs to be consulted to make a decision.
But regardless of the vocation, sole custody is not intended for situations where parents simply have different parenting philosophies or difficulties working together. Raub JM, Carson NJ, Koch BL, Wyshak G, Hauser BB. Predictors of custody and visit decisions at a family court clinic. J Am Acad Psychiatrie-Gesetz. 2013;41(2):206-18. ABANDONMENT: Sometimes parents can`t or won`t take care of their child. If a parent has shown little interest in their child and has failed to maintain contact with them, you may want sole custody so that the parent cannot reappear years later to exercise custody as a virtual stranger. It doesn`t always have to be all or nothing. However, in extreme situations, this can be a reason to lose custody of a child. Suppose one parent makes important decisions in a child`s life without consulting the other parent, even if both parents share joint custody. These include important medical decisions or educational decisions such as changing a child`s school.