What Does Sole Custody Mean?

Aside from being legally complex, child custody cases can be emotional and stressful. When you and your spouse or co-parent separate, one of the most crucial decisions you will make will most likely involve determining the custody of your children. In many child custody cases, most parents opt for joint custody, where they both have physical and legal custody of the child or children.

However, in some instances, one parent could opt to secure sole or full custody of the child. Regardless of the case, your child custody decision should be in your child's best interest because a separation or divorce will affect him/her as it will affect you. The decision you will make should prioritize their well-being and stability.

If you want to secure sole custody of your child after divorce or separation from your spouse, the information below can help you make an informed decision.

Sole Custody at a Glance

In a child custody battle, parents have different arrangements they can choose from, including joint or sole custody. Before discussing the steps of securing sole custody and its benefits, you would want to understand what it means in the eyes of the court.

When the court awards you sole custody over your child, you will be responsible for making all the decisions about the child's life, including his/her religion, health, and emotional and physical well-being. In other words, when the court awards you sole custody of your child, you will have physical and legal custody over his/her life.

Two Types of Sole Custody You Ought to Know

During your divorce or separation, you will likely have to make vital decisions on the child's physical and legal matters. Below is a brief explanation of these two types of child custody:

• Legal custody—If you have legal custody over the child, you will have full decision-making authority over your child's religion, health, and emotional well-being. However, most parents opt to secure joint legal custody over their child

• Physical custody—Having physical custody over a child means you will be responsible for providing him/her with a primary residence. However, the other co-parent could have visitation rights as long as he/she is not a danger to the child

If the court awards you sole custody over the child, you will have complete control over his/her physical and legal custody. However, in other cases, one type of custody could be sole and the other joint. For example, the court could grant you sole physical custody, but you will have joint legal custody over the child.

A parent with physical and legal custody over a child does not have to consult the other parent before making important decisions about the child's life.

Reasons for Requesting Sole Custody Over Your Child

Sole custody is not a favorable child custody arrangement, but this could be the best option for you and your child's well-being in some extenuating circumstances. If the court awards you sole custody, the other parent will have limited involvement in the child's life, which could damage the parent bond between him/her and the child.

Unfortunately, this is not wise unless it is in the child's best interest. Below are examples of cases where requesting sole custody over your child could be a wise idea:

The Other Parent Has a Proven Record of Child Neglect or Domestic Violence

If your co-parent has a record of abuse, violence, or child neglect, it would not be a wise idea to let him/her have custody over your child. During your divorce proceedings, your attorney can present evidence to support the argument that the other person has a history of domestic violence.

Examples of evidence that could help support this legal argument during a divorce proceeding in a family court to secure sole custody over your child include:

• Text messages

• Photos

• Police reports

Depending on the specific facts of your unique case, the family court could permit the other spouse or co-parent to visit the child in a supervised or controlled environment. Typically, these meetings will occur under a court-appointed officer's close supervision and monitoring to ensure the child is safe.

The Other Parent Has a Substance Abuse Addiction

Undoubtedly, substance abuse and alcohol addiction can destroy families because a parent cannot care for and protect his/her child properly while intoxicated. Also, it is unsafe for a parent with a substance abuse addiction to supervise his/her child in possibly dangerous scenarios, like swimming.

Additionally, substance abuse and alcohol addiction could also affect the other parent's ability to manage his/her finances, making it challenging to finance the child's needs. If your other co-parent has a substance abuse or alcohol addiction, requesting sole custody over your children would be a wise idea.

The Other Parent is Mostly Undependable

Sometimes, child custody arrangements require the involvement of both parents, but what if the other co-parent has a history of failing to meet his/her responsibilities? For example, if the other co-parent has a history of failing to appear when he/she is required, has poor communication, and does not care about the child's well-being, petitioning the family court for sole custody of the child would be a wise idea.

If the other co-parent's unreliability becomes a matter of concern, you can request the family court for sole custody of your child. Doing that could help prevent unnecessary disruptions in the child's life.

The Other Parent is Behind Bars or Missing

If the other co-parent has abandoned you and your child, you can file your divorce petition without him/her being present and secure sole custody over your child. However, before granting you sole custody over your children, the judge will require you to reasonably attempt to locate or contact the other co-parent or spouse.

You will receive a default verdict on your divorce petition if the person does not attend the proceeding. In other words, a default verdict means you will receive everything you requested on your divorce petition, including sole custody of your child, because the other spouse did not appear to request something else.

You are more likely to qualify for sole custody over your child if the other co-parent is behind bars or missing, meaning he/she cannot care for the child's health or emotional or physical well-being. Once the court grants sole custody over your child, the other co-parent cannot show up from nowhere and demand to take them into custody or spend time with them.

If the other co-parent resurfaces after being missing for several years and demands some type of custody over your child, he/she must go through the court process to qualify for it.

The Other Parent is Relocating or Moving Away

Job transfers and family emergencies are examples of situations that can make your other spouse relocate. In that situation, it would be wise to petition the court for sole custody of the child to ensure they have the emotional, health, and physical support they need. That is particularly true if the distance between you and the person makes it challenging for him/her to see his/her child.

For example, if the other co-parent's job requires him/her to relocate to another country for a few years, the costs or logistics of moving the child overseas back and forth to bond with him/her could be expensive, making regular visits challenging and stressful. In that situation, requesting the court for sole custody of the child would be wise for the child's safety and wellness.

However, the relocated spouse will retain the legal rights to visit the child if he/she has your consent and the family court presiding over your child custody case is aware of the situation. If you are okay with it, you can arrange for the child to stay with the faraway co-parent for a week during a school holiday or a month during summer. However, you will remain the child's legal custodian.

In most cases, the judge's decision in a child custody battle will be in the child's best interests. The court will consider several factors in making this decision, including:

• The child's age

• Your attorney's arguments

• Physical and emotional well-being of the child

• The child's preferences

• The relationship between the other co-parent and the child

• The stability of your home and the other spouse's home environment

• The other parent's capability to provide clothing, food, and shelter

• The other parent's financial stability

Steps for Securing Sole Custody of Your Children

Securing sole custody of your child necessitates a proper understanding of the court process, prior planning, and patience. Below is a step-by-step guide to aid you in navigating this legal process:

1. Retain the Services of an Attorney

Having a skilled and seasoned attorney with significant experience handling similar cases on your side is priceless. The attorney you will hire will:

• Guide you through the child custody legal process

• Assist you in preparing your unique case

• Represent you in the family court to help convince the judge that granting you sole custody will be in the best interest of the child

To increase your chances of securing a favorable outcome when seeking sole custody, you should ensure the attorney you choose is licensed, reputable, and easily accessible throughout the legal process.

2. Gather the Necessary Evidence

Preparing a convincing case is vital when petitioning the court for sole custody of your children after separation or divorce from your spouse. Ensure you gather all the valuable evidence that your attorney can use to prove to the judge that you can provide a nurturing, positive, and stable environment for your children to grow. For example, your payslips could help prove your financial stability and ability to care for the child.

3. File Your Petition

You must prepare the necessary paperwork to receive sole custody and file your petition with a local family court. Fortunately, if you already have an experienced attorney, he/she can help prepare these documents and file your petition.

4. Prepare for the Family Court Services (FCS) Mediation

The court could require you to go through FCS mediation. Therefore, it is important to prepare for the process and prepare a game plan ahead of time because the judge could consider the FCS recommendations when determining whether to grant your sole custody request or not.

5. Prepare for the Child Custody Proceeding

Before your child custody hearing, you should prepare yourself emotionally and mentally. Ensure you evaluate your case keenly with your attorney before you file your petition to increase your odds of securing a favorable outcome.

6. Attend the Child Custody Hearing

During your child custody hearing, the court will consider the facts of your case to decide whether an award of sole custody to you would serve the child's best interests. While your appearance in court is paramount, you will rely on your attorney to argue on your behalf and present supporting evidence to convince the judge why it would be in the child's best interest if he/she grants you sole custody.

If the court grants you sole custody of your child, you should know it is a significant legal responsibility. With sole physical and legal custody comes the responsibility of providing your child with a loving, nurturing, and healthy environment.

Conversely, if the court denies your sole custody petition, you should inquire why and discuss the results with your attorney to know your available legal options. Your options in this situation could include working to change the child custody agreement or filing an appeal for the court's decision.

Benefits of Securing Sole Custody of Your Children

If you and your spouse cannot work together in your child's best interests, sole custody could be the best option. Below are some of the benefits of securing sole custody of your child after a divorce or separation from your spouse:

• The child will live with you, which gives you the authority to make crucial decisions about the child's life and upbringing without consulting the other co-parent

• It will not impact the other co-parent's rights to visit your child. The court could allow grandparents and other relatives visitation rights. However, the non-custodial co-parent will be required to pay child support to the parent with sole custody of the child

• It allows the children to grow with a consistent belief system in cases where parents had conflicting or different belief system

• It helps protect the child's safety and well-being in cases where the other parent has a record of violence or substance abuse addiction

It is worth noting that having sole custody does not mean you can relocate wherever you want without the securing court's permission. That is particularly true if the other co-parent has child visitation rights because relocation will affect their ability to visit the child. In that situation, seeking the court's guidance is a wise idea to allow the judge to address the matter.

Frequently Asked Questions About Sole Custody of a Child

Many parents, after divorce or separation, will have several questions about child custody, which is understandable. Discussed below are some of the most common and frequent questions most parents have about sole custody after a divorce or separation:

1. How Do I Secure Sole Legal Custody of My Child?

To secure sole custody of your child, you have to file a petition with the family court and provide evidence to prove the other co-parent or spouse is unable or unfit to care for the child's needs, or he/she is a threat to the welfare and health of the child. The court will grant you sole custody if your attorney has proper evidence to support this argument.

2. Is it Easy to Secure Sole Custody of My Child?

Whether or not you qualify to secure physical and legal custody of your child depends on the unique and specific facts of your custody case and family. To secure sole custody, your attorney must prove to the judge that remaining with the other parent would not be in the child's best interest. The judge is more likely to grant you sole custody in the circumstances where:

• The other parent has a record of child neglect, violence, or domestic violence

• The other parent is legally unfit to care for the child

• He/she believes the child's physical and mental well-being is an issue to worry about if the other parent has his/her custody

3. How Long Will My Child Custody Case Take?

Your child custody case could take several months or years, depending on your unique situation. If your child custody has complex issues, like demanding schedules and multiple children, it will take longer to resolve.

Find a Family Law Attorney Near Me

While the legal process of securing sole custody could be emotionally draining and complex, it is vital to keep your child's best interest in mind. If you are confused about whether you will qualify for sole custody of your child after separation or divorce from your spouse, you should consult an attorney for legal guidance.

At Los Angeles Divorce Lawyer, we understand how stressful and complicated a litigated child custody case can be. We invite you to call us at 310-695-5212 and let our compassionate attorneys help you navigate this confusing legal process to secure sole custody of your child.