Protecting Your Rights And Your Future

When should you fight for sole custody?

On Behalf of | Jan 17, 2021 | Family Law

Joint custody is the most common arrangement of custody for a child from two divorced parents in Rogers, Arkansas. However, there are certain circumstances in which you should consider fighting for sole custody of your kid. These reasons include the following: one parent has a mental disorder or substance abuse problem; one parent is trying to alienate the child from the other parent; one parent has a history of abuse.

What happens in a court case if one or more of these circumstances is present?

Most abuse cases are relatively straightforward: The court will order sole custody to be granted the non-abusive legal guardian. This is true even if the abuse extends beyond the child to the other parent. If there is adequate evidence of abuse, the court is required by law to order for sole custody to the non-abusive parent unless a judge specifies in writing why sharing legal custody is okay.

If one party is suffering from a mental illness or dealing with a substance abuse issue, the court may grant sole custody to the stable parent in a child custody case. This is especially true if the issues could potentially jeopardize the relationship with the other parent.

Lastly, effective communication is important for the upbringing of a child. Therefore, sole legal custody may be granted to one parent if communication remains strained. Otherwise, the court may order for the parents to enter into counseling to improve their communication skills.

This is not a complete list of all of the reasons a court would grant sole custody. However, these are some of the most common reasons that lead to this ruling. If you are currently fighting for sole custody, talk to an attorney.