Tuesday, September 26, 2023

What to Know About Sole Custody Attorneys?

During a divorce case, parents set up a child custody arrangement. If the parents can agree on the parenting plan, they can just sign their divorce agreement and finalize the divorce. However, if there are extenuating circumstances, the parents will need a child custody hearing. Typically, if a parent is seeking sole custody, there will be a hearing to determine if the assignment is needed.

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What Does Sole Custody Mean?

Sole child custody means that one parent makes all the decisions about the child, and the child lives with them a majority of the time. The custodial parent is not required to inform the other parent about the child’s life or ask their permission for anything pertaining to the child. Typically, the noncustodial parent has supervised visitation with the child, and the child may not spend the night at the noncustodial parent’s home.

What Conditions Must be Present to Get Sole Custody?

The courts do not award sole custody lightly, and there must be serious conditions for them to grant it. For example, if a parent is an addict or alcoholic, they present a risk to the child, and they cannot be trusted to fulfil the needs of the child. If a parent is abusive, they will not get custody of the child, and if the parent had to get a protection order against the noncustodial parent this could play a role in getting sole custody. Essentially, the noncustodial parent will present a serious risk to the child, and the court will grant sole custody to protect the child and their well-being.

What Does Supervised Visitation Really Mean?

Whenever possible, the court will allow a family member to monitor the child’s visitation. However, under the conditions, the family member must abide by the directions of the court. For example, they cannot leave the child alone with the parent. The parent can’t take the child anywhere outside of the location set up for visitation. If the parent presents a serious risk to the child, an officer of the court will manage supervised visitation. Parents who need to review the custody arrangement contact Sole custody attorneys directly.

Can the Other Parent Seek a New Arrangement Later?

Yes, if the condition identified as the risk is eliminated, the noncustodial parent could file a motion to change their custody orders and eliminate supervised visitation. For example, if the parent is an alcoholic, they can enter into a rehabilitation program to become sober. This doesn’t guarantee their sobriety and doesn’t present them as a risk-free parent. It does, however, show that they try to improve themselves and their lives. It would be a slow process for them to get more visitation with their child, and they would have to continue with AA meetings and regular monitoring by the court.

The Termination of Parental Rights?

Only under more severe conditions will the court terminate a parent’s parental rights. The parent would have to present an ongoing and severe risk to the children before the court will terminate their rights.

In a divorce case, child custody is a major consideration for the couple. If they can forge an agreement, this is wonderful. However, a lot of couples can’t. Parents who need help with sole custody requests contact an attorney now.