Child custody is a topic of priority during divorce litigation, as with most cases both parents are protective of their kids. If the divorcing parties are on friendly terms, joint custody is the expected outcome. The court of law has the best interests of children in mind, which is why it always supports and encourages the involvement of both parents in the child’s life post-divorce. With joint custody, the child gets to live with both parents alternately, i.e. he/she gets to spend equal amounts of time with the mother and father. While joint custody sounds like a fair bargain, the family situation and aspects of divorce are not the same in every marriage.
In some cases, one spouse voluntarily gives right of full child custody to their partner. Typically, the father cannot manage the responsibility due to the obligations of a career or business; since the mother was always the primary caretaker, she is chosen to continue with the duties. The children permanently live with their mother, while the father gets visitation rights and provides financial support. The roles may be reversed if the woman is career oriented and the dad prefers homemaking.
Many parents challenge each other for sole custody for contradicting reasons. Sole custody grants one parent complete control over the child’s life, whereas the other parent may only be allowed occasional intervention or less. Sole custody becomes a necessity if one parent is unfit for supervising and upbringing a child. Family Lawyer reveal that some people claim full custody just to undermine their spouse or as a means for seeking revenge. Before you pursue sole child custody, make sure your intentions are true. Do not deprive your child of a parent’s affection for your personal and petty grudges.
Fighting for sole custody makes sense if your soon-to-be-ex is a potential threat to the children. If you were a victim of domestic violence and your children were exposed to the violence, filing for divorce is the first major step. Medical reports confirming physical abuse and testimony of witnesses to the violence are strong evidence against the offender. The court protects children from anyone suspected to cause harm or be a bad influence, even if that person is their biological mother or father.
DUI Lawyer in California adds that alcohol or drug addiction renders a person inept for being entrusted with minors. Individuals who drive under the influence with children in the vehicle are charged with aggravated DUI. If your spouse has multiple DUI misdemeanors and felonies on their criminal record, then that alone would be enough to win you sole child custody.
Mental illnesses and substance abuse are harmful for an individual and the people around them. Addicts lose control of their senses, which makes them extremely dangerous when their cravings are not satisfied or intoxication reaches extreme levels. A parent who is struggling with alcoholism or mental instability cannot keep a job or provide for his/her kids in any way. In the courtroom, your legal representative can help demonstrate that your spouse cannot contribute to your child’s life in a positive way. Once you prove your point, the court may only allow conditional visitation rights to the unreliable parent.
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