According to the U.S. Census Bureau, some 15 million children under the age of 18 lived with the mother only and approximately 3.4 million lived with the father only.
In the United States, being awarded sole custody of a child means that one parent is usually responsible for legal and physical custody, along with all decision-making responsibilities. A parent with sole custody also manages all living arrangements.
Courts give sole custody to one parent only in cases where the well-being of the child requires it. Sole custody usually arises when another parent has issues concerning neglect, abuse, or drug or alcohol addiction. A parent with a psychological disorder might even influence a judge’s decision in favor of him or her receiving full custody of the child.
A proper custody award involves many elements such as the child’s place of residence, fitness for parenting, and the needs of the child. Judging all these things requires a cautious evaluation.
This issue sometimes becomes a high-stakes purview of litigation, calling on expert testimony and witnesses called to substantiate each side’s accusations.
Let’s examine the fundamental factors that you should weigh to have a successful sole custody application.
What Sole Custody Means and How It Differs From Joint Custody
Sole custody exists as multiple legal categories. Most states regard legal custody and physical custody as two different matters. It is legally possible for a parent to have sole legal custody while the other is awarded physical custody.
One parent is given the absolute right to make all decisions regarding the financial, medical, religious, lifestyle, grievances, and interests of the child. In the instance of one parent being awarded sole legal custody, the other parent does not have the authority to make decisions co-equally, but parenting time can still be awarded.
A child lives with one parent as the primary residence under sole physical custody. The other parent usually keeps their designated parenting time or visitation rights, except when the court determines that contact would cause harm.
A parent who wants to obtain sole custody must establish from the beginning of the process which type of custody he or she wants. Know that courts allow separate custody grants and different legal standards apply to each type of custody.
The Default Presumption Courts Apply
Joint custody arrangements receive preference from many states, while some states have established legal rules that presume shared custody as the default option until proven otherwise. The parent seeking sole custody must prove that this arrangement will better serve the child than raising the child in a shared custody environment. The strength of any preference toward shared custody varies by state and by case type.
According to Sumter child custody lawyer Garryl L. Deas, when parents have joint legal custody, they will both be called on to share in certain decision-making responsibilities for the child.
The courts will modify shared custody arrangements more often when there exists documented evidence of domestic violence, substance abuse, severe neglect, or continuous interference with the child’s relationship with the other parent.
Many states have established explicit rebuttable presumptions that prohibit the granting of custody rights to any parent who has documented incidents of domestic violence.
How Courts Evaluate Best Interests
In every state, the custody determination must be made based on the best interests of the child. Most states have statutes in place that courts should take into account when deciding on custody cases.
Custody courts typically involve assessing the relationship between each parent and the child. Courts investigate the mental and physical health of the child and determine the ability of a parent to offer a stable environment for the child alongside how well the child is doing in school and in the community. Courts must account for each parent’s disposition to either foster or obstruct the bond between the child and the other parent. The entire history of abuse, neglect, and substance abuse by a parent will be taken into account as courts try to determine the best interest of a child in custody.
According to the law, states must also determine the wishes of a child who has expressed one when he or she has reached a level of development and such understanding.
The courts do not employ a unified method for execution. The parent who demonstrates multiple statutory requirements through substantial evidence gains a considerable advantage over the parent who uses general statements without proof.
Evidence That Carries Weight in Sole Custody Cases
The court requires evidence in a sole custody case to show credibility, demonstrate details, and establish relevance to the legal factors that the court must evaluate.
The documentation needs to prove the parent’s active participation during all parts of the child’s daily existence, which requires school documents, medical appointment records, and caregiving documentation.
The case requires specific documentation that demonstrates concerns about the other parent. Include police reports, reports of protective orders, substance-abuse evaluations, recordings of any communication, and medical or educational records showing impoverishment.
When the parenting arrangement appears to be falling apart, the court should appoint a Guardian Ad Litem (GAL) and a custody evaluator. A GAL acts as a child’s independent representative who presents their findings to the court.
A custody evaluator works as a licensed mental health expert who performs an organized evaluation of both parents and their child to provide official guidance. The reports hold considerable authority in court decisions since a parent’s behavior during the evaluation period influences case results.
Family members and friends can provide testimony, which courts admit as evidence. Keep in mind that specific and consistent testimony about actual behavior receives greater judicial authority than general testimony about character.
The Procedural Path
In most states, to come up with a decision on child custody, family court jurisdiction is necessary. For the state to assume jurisdiction, it must first establish the child’s home before it acts on the claims. Proof of the best interests of the child will then be made to qualify for the approach (or motion) and file an affidavit. The state with jurisdiction over the case issues initial custody judgments.
After a case is filed, most jurisdictions need parties to undergo mediation before proceeding to a hearing. Most custody cases are solved through mediation but different regions produce different results. The process moves to an evidentiary hearing if mediation fails.
The hearing process requires both parents to show evidence and give their testimonies. The judge may also receive the GAL report, the custody evaluator’s findings, and, in some cases, a statement from the child. The court issues an order that follows the best interests analysis, which the relevant state statute requires.
When Sole Custody Is Most Likely to Be Granted
Courts are most receptive to sole custody requests where one parent has documented a history of domestic violence and substance abuse. Sole custody has a high chance of being granted when parents have severe mental illness that prevents them from properly parenting their child. Any ongoing disruption of the other parent’s time with the child, parental abandonment, and their repeated failure to follow previous court orders.
A custody case’s strength is dependent upon two factors: the quality of documentation and proof of the parent’s ability to create a stable environment on behalf of the child.
Key Takeaways
A parent must establish his or her standing as a fit parent and demonstrate that the award of sole custody is, in fact, in the best interests of the child under the law.
A parent who wishes to obtain sole custody needs to prove their active involvement in their child’s life while also proving all harmful behavior that the other parent has shown.
The parent needs to cooperate fully with any Guardian ad Litem or custody evaluator assigned by the court while working with a family law attorney who understands both state custody laws and local court procedures throughout the legal process.