Why Sole Custody May Be Awarded In Some Cases

In most cases, family courts are of the opinion that children are better off under the care of both parents than one parent; this is why sole custody is rarely awarded. However, there are unique cases where shared custody may not work or may harm the child, and sole custody is awarded. Here are some of those cases:

The Other Parent Is Abusing the Child

A parent who is abusing their child isn't likely to be awarded the child's custody. Therefore, prove child abuse on the other parent's part and you will get your sole custody. While physical violence on a child is a form of child abuse, there are other forms of child abuse that are not that dramatic. In fact, child abuse is any action or case of inaction that:

  • Causes serious bodily or emotional harm
  • Is considered sexual abuse or exploitation
  • Results in the child's neglect

The Other Parent Is Absent

The court cannot award custody to a parent who isn't there so proving that the parent is absent from the child's life also boosts your chances of winning sole custody. There are various ways in which a parent can be missing from their child's life. Maybe the parent is behind bars, is in a coma or has just gone missing.

The Other Parent is Unable to Care for the Child

Even if the other parent is present and willing to take care of their child, they may be denied custody if they are unable to do so. For example, a mentally disabled parent may be denied custody if the extent of the disability makes them unable to take care of their child.

The Other Parent Has a Serious Drug Problem

Another way to win sole custody is to prove that the other parent has a serious drug problem. This may win you sole custody because the other parent's drug problem may lead to other problems for the child. For example, the parent may introduce the child to drug abuse, the parent may become abusive when intoxicated or the parent may neglect the child in pursuit of drugs.

The Other Parent Is Putting the Child in Harm's Way

Lastly, proving that the other parent is putting the child in harm's way may also win you sole custody. A good example of this is if the parent has been:

  • Driving while intoxicated with the child as a passenger
  • Using the child to steal
  • Taking the child to drug dens or bars

If you are interested in filing for divorce and asking for sole custody, talk with someone who specializes in divorce law.