In sole custody, a parent has legal and physical custody of a child. Sometimes, custody rights are only physical while in other situations parents have joint custody. In joint custody, both parents have equal rights in making decisions for the children. Sole custody is granted in cases where a parent is deemed unfit to share custody.
- A history of violent behavior
- Placing a child in danger
- Alcohol or drug addiction
- Molestation charges
- Mental issues
Sole Legal and Physical Custody
There’s a legal assumption that both mother and father should have joint custody, even if one parent is the main caretaker. If you can prove the other parent to be unfit, a court is likely to determine that sole custody is in the child’s best interest. However, even in extreme cases, courts grant the noncustodial parent limited visitation. Joint custody and visitation are the preferred outcomes in most cases unless such an arrangement isn’t in the child’s best interest. Fraker Law Firm S.C. can help you get visitation rights or joint custody.
Other Considerations for Sole Custody Cases
Besides the emotional advantage of having sole custody of your child, there’s another big advantage-; you don’t have to ask the other parent about things such as school attendance, religious upbringing, and medical decisions. If the courts determine that the child’s other parent isn’t fit, visitation is typically denied.
However, if that parent takes part in and completes the alcohol or drug rehab, or another recommended treatment program, the court has the authority to modify your custody order to allow limited visitation. The courts believe that children function best when both parents are involved, unless contact with that parent would be harmful.
In most cases, your child custody rights are dependent on whether you have total legal and physical custody or if the other parent has joint custody or visitation rights. Every custody situation is different, and having a consultation with a Child custody attorney Mequon WI is an easy way to learn about your legal rights. A Child custody attorney Mequon WI can help you plead your case and arrive at a fair outcome.
