When battling for child custody, parents may ask for sole custody if they think that joint arrangement may not support the best interest of the child. This may be necessary if one parent is unfit for caring or mentally/physically incapacitated. This is also a better alternative if the child is at risk for any abuse or if the other parent forfeited their parental obligations.
The courts, however, are moving away from this type of arrangement whenever possible, to give the child time with both parents. Sole custody, on the other hand, may be preferred if the child is in danger in one parent’s care or household.
Custody for One Parent
In this arrangement, only one party or the custodial parent will have the custody. The other parent will only be given rights to visitation. Seidellaw.com says custodial parent will have exclusive legal rights to make decisions on behalf of the child, which may include decisions related to education, medical care, residence, and others.
Best Interest of the Child
The court will always consider the best interest of the child when determining sole custody. This is to make sure that the child will receive the best arrangement for their needs. If one parent is awarded sole custody, the other parent can ask for a modification, but needs to have a good reason for doing so. If one parent later becomes capable of caring for the child, they may have partial or shared custody.
When modifying a child custody order, it is necessary to file a request. Changes to any order, of course, is based upon the best interest of the child. The non-custodial parent, for instance, may ask for a modification if the custodial parent proves to be an incompetent caretaker.
If you want to ask for a sole custody or challenge an existing order, it is best to seek the guidance of a family lawyer. The right attorney can assist you throughout the legal process and provide you helpful advice.