what happens to a parent that sues for custody but does not want custody
Sole Custody Agreements: 7 Reasons for Sole Custody
What is sole custody?
The general phrase sole custody tin refer to sole physical custody, sole legal custody or both. Y'all'll also hear sole custody called full custody.
If a parent has sole concrete custody, their child lives with them total fourth dimension and accept visits (potentially supervised visits) with the other parent, unless the courtroom finds that visits wouldn't be in the kid's best interest.
If a parent has sole legal custody, they can brand all major decisions regarding the kid without consulting the other parent; this includes decisions about medical care, education, religious upbringing and moral evolution. The other parent can all the same make pocket-size, day-to-mean solar day choices when caring for the kid.
When should I seek sole custody?
The clearest reason to inquire for sole custody is to protect your child from physical harm, specially if the other parent has a history of any of the following problems:
Corruption: If a parent has assaulted or sexually abused the other parent or whatever kid, this presents an obvious danger to their child.
Fail: If a parent has previously neglected the kid, this fail could continue in the time to come. Neglect is the failure to provide a kid with necessary medical care, dental care, supervision, food, clothing, shelter or other safeguards to protect the child's well-being.
SUBSTANCE Abuse: A parent who abuses drugs or booze presents a danger to the kid. The altered mental land that occurs as a issue of substance corruption prohibits the parent from beingness able to properly intendance for the kid.
MENTAL ILLNESS: A child should be protected from a parent who is mentally unstable and exhibits irrational and unpredictable beliefs. For example, a child should never be left with a suicidal parent.
There are as well reasons to obtain sole custody beyond protecting the kid physically:
ABANDONMENT: Sometimes parents can't or won't accept care of their child. If a parent has shown little interest in their kid and has failed to maintain contact with them, you may want sole custody so the parent can't resurface years later to exercise custody rights as a virtual stranger.
INCARCERATION: If a parent is imprisoned, they cannot provide a home or care for the child. In this case, you may want to seek sole custody, and the other parent tin can take visits with the child subsequently their release from prison, if appropriate. Don't feel obligated to take your kid to visit a parent in prison if you lot feel it may harm the child emotionally.
RELOCATION: If a parent plans to movement out of the country or land, it may all-time for one parent to have sole custody.
Above all, sole custody should be for the good of the child, not for depriving the other parent.
What are my chances of getting sole custody?
The chances of getting sole custody vary profoundly and depend on the circumstances of your case.
Virtually courts start with an assumption that children benefit from spending time with both parents. However, they know joint custody is non appropriate in every situation.
If you and the other parent agree on sole custody, the judge will typically approve your agreement.
If the other parent does not competition your request for sole custody, the lack of involvement will typically compel a judge to award sole custody.
If the other parent decides to fight for custody, you may face a long boxing. Be prepared to show why sole custody would be in the child's best involvement and provide proof of whatsoever allegations you make.
How to get sole custody of a child without going to court
A mother who gives nascency while unmarried automatically has sole custody of her child until a court rules otherwise or until she and the father officially acknowledge his parenthood.
Also, a kid'due south only living parent ordinarily has sole custody.
Otherwise, your best option for getting full kid custody without a trial is to reach an agreement with the other parent. If y'all determine together that your child would benefit from sole custody, write this in your custody agreement. Include details about any decisions the noncustodial parent can make for your child, when your child will spend time with that parent and how you'll back up their relationship.
The easiest way to make a sole custody agreement
Creating a custody agreement on your ain can feel overwhelming. Yous take to exist sure to employ airtight legal language and tin can't omit any required information.
Use applied science to take the guesswork out of the equation. The Custody X Alter app walks you through each step of creating a comprehensive custody agreement.
You tin can include a visitation calendar for the noncustodial parent, plus parenting stipulations, such every bit forbidding alcohol consumption during visits.
The result is a professional certificate that demonstrates your competence as a parent and secures your child's future.
The easiest, most reliable way to make a custody agreement is with Custody X Change.
Source: https://www.custodyxchange.com/topics/plans/overview/custody-agreement-sole.php
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