Is it true that joint custody is always awarded unless the other parent is an alcoholic, drug addict, abusive, unfit parent, etc? What constitutes an unfit parent? How does one get sole custody?
Best to ask your Lawyer about these! Many people give legal advise that is incorrect.
If ther is a true reason you should get sole custody, you need to do whatever you can to get it. Basically, the courts believe in joint or shared. Its heartbreaking...but the kids do need both parents. The difficult part is putting the schedule that best for them together . And thats the part that always doesnt work. Having them overnight vs quality time are two completely different views.
I can only speak of my own experience, good luck to you.
I would guess that unless a parent is an alcoholic, drug addict, abusive, or unfit parent, and if the parent DESIRES to have a relationship with the child/ren, it will be joint/shared custody. If a parent terminates his or her parental rights then you do not need to allow visitation, etc. Get REAL legal advice. I agree that although many of us are happy to share our own situations and observations, this is one case where a definitive legal answer is needed!
Hi, Jennifer:
Why wuuld you want sole custody?
Just want to know? Donna
most are given joint legal custody which means that both parents make decisions on school, religion, medical unless an emergency, then parent who has them makes decision and informs other parent asap.
Think your more concerned about how has physical custody. Usually goes to 1 parent unless both parents are living near and are able to work together on a 50/50 split and depending on age of children.
Yes the other parent needs to be considered a harm to the children, and shown to be that in past.
Big thing, talk to lawyer and get all your ducks in a row and also, get a job, courts don't go for sahm status unless kid is not in regular school Kindergarten age.
Remember unless real danger, kid needs to love and spend time with both parents, don't do anything out of anger, will come back to haunt you.
Good Luck
There are a lot of things that play into it so I would say get some legal advice. You can get a free consultation. It depends if you are married, single or living together, and so many more factors can play a role and since we don't know your situation or history it would be impossible to answer.
Joint custody and sole custody are both pretty uncommon. One parent will probably get partial custody with visitation. Besides the obvious advice that you need to speak with a lawyer, I'd advice you to get the book "Helping Kids Cope with Divorce the Sandcastles Way. It's a great resource, and it helps you to understand things from a child's point of view.
P.S. I have sole physical and legal custody and it's not a victory -- it's REALLY difficult to not ever be able to do a hand-off to another parent when you desperately need a break. Please consider all of your options carefully. And good luck!!
I am chair of the Philadelphia Bar Association Family Law Section. If you call me at my office, I will talk to you for free. My office # is (215)751-0321 but I will not be in tomorrow because my son has an earache.
I do belive that it reads that i have joint custody of my two older ones.. Where there father has time every sat to see them. but when it came to school and medical and things like that.. We where to sit and talk about it.. Needless to say. He hasnt seen or talked to the kids for about 7yrs or so now. But that was many years ago.. They might have changed what each style means.. Talk to a laywer.. They are very helpful in these cases.. It is very hard to do it all on ur own.. I have tried. Best of luck. Also one more thing. I do belive solo custody is when the other parent is not able to be around the children for safety reasons.