Achieving sole child custody of a child or children, is for some parents, the most important battle of their lives. Full child custody, or sole child custody, implies that all parental rights will be given to one single parent.
Most judges will be content to grant joint custody to both parents, but if one parent is unfit to care for a child, because they are abusive, unfit, or suffer with an addiction, then the court may be asked to consider giving sole child custody rights to one parent.
However, filing for sole child custody is a difficult process, and it is certainly not something you should attempt to handle alone.
You will need to hire a professional who is familiar with the laws of your state and can help you fill out the correct paperwork to make a great case for sole child custody. Remember, leaving out important information or incorrectly completing forms could lead to a custody agreement which does not meet the needs of you, or your child.
Most of the time, the best thing that you can possibly do to strengthen your case, is to make sure that you are adequately prepared. Getting sole child custody is not an easy task so it is important that you are prepared to meet your burden.
Find Out Which Forms You Should Be Filing
Each state will handle child custody cases differently, but there will always be specific paperwork for you to complete, and this means finding the correct forms. The type of forms that you file will be determined according to your individual circumstances, and it may be useful to visit your local clerk if you need further information on starting the procedure. Your attorney should be able to help you here, but making sure that you are properly educated can be useful too.
Some forms that may apply to your case include:
- Request for orders on child custody and visitation.
- Petition to establish a parental relationship
- Petition for custody visitation
- Petition for dissolution
These are all proper forms used to have a hearing on sole child custody in California, what you will use will depend on the exact circumstances of your case. Your attorney can assist you in determining the specific needs in your case.
Demonstrate Child’s Best Interest: The court prioritizes the child’s best interest.
- The child’s health, safety, and welfare.
- Each parent’s ability to care for the child.
- Any history of abuse or neglect.
- The child’s relationship with each parent.
The court will consider all evidence and make a decision based on the child’s best interest. If sole custody is granted, the other parent may still receive visitation rights unless it’s determined to be detrimental to the child.
Gather The Evidence to Support Your Case For Sole Child Custody
Once you’ve figured out your first steps, it will be time to gather the appropriate evidence to support your case. Although most judges will rarely offer sole custody to a parent, there are factors which can have a significant impact on their decision, and may even sway a judge towards your favor. For example, if you can prove that the other parent is unfit to care for your child, then you may have a stronger case. Collect police reports, witnesses, correspondence, and medical bills that may show that the other parent is a dangerous influence on your child.
Here are some of the factors a judge may consider when establishing a decision:
- The employment history of the other parent, and whether they are capable of providing financially for a child.
- The housing situation of the other parent, and whether they can provide a safe home or living arrangement for the child.
- Any history of physical, emotional, or sexual abuse is seriously considered by family courts, and is typically one of the most important factors in coming to a decision.
- Whether one of the parents is emotionally and physically capable of caring for the child in question.
It’s essential to remember that family law cases can be complex and emotionally challenging. Seeking legal advice specific to your situation in California will ensure you understand your rights and responsibilities throughout the process.
•• Minella Law Group can Help ••
If you are facing a custody case and are requesting sole child custody of your child, it is important to have an experienced attorney by your side. Minella Law Group is experienced in child custody cases and can give you immediate hands on representation that you need.
For more information or to schedule a no cost consultation, call us at (619) 289-2748. We look forward to helping you.
