When a couple who share a child divorces, it can be a complicated matter, as custody is often contentious. However, when one parent has concerns about the other parent’s fitness to care for the child, the situation can become even more stressful. As such, it’s necessary to understand how sole custody works and the circumstances in which this could be granted. The following blog explores some of the most common questions parents have regarding these matters, as well as the importance of discussing your circumstances with a Long Island child custody lawyer to help you explore your legal options.

What Is Sole Custody?

When a parent is awarded sole custody, it grants one parent full legal and physical custody of the child. Essentially, this means that the child will live with this parent full-time and the parent has the right to make decisions for the child, such as where they go to school, what medical care they receive, and even what religion they practice.

It’s imperative to understand that one parent may receive sole physical custody of the child, while the other has visitation rights. However, the parent with visitation rights will not have a say in the child’s upbringing unless they are also granted joint legal custody.

What Factors Can Cause the Court to Grant This Arrangement?

It’s important to understand that sole custody is not often awarded. This is because the courts adhere to the “child’s best interest” standard when determining custody issues. As such, the courts believe that having a relationship with both parents is in the best interest of the child. However, there are circumstances in which it would be more beneficial for the child to remain in the sole care of one parent. Typically, these situations include, but are by no means limited to, the following:

  • There is a history of physical or emotional abuse perpetrated by one parent
  • One parent has substance abuse issues, which can create an unstable environment for the child
  • One parent has an unmanageable mental health issue
  • One parent refuses to adhere to the current custody arrangement
  • The child has been alienated from their other parent

If you believe your spouse has done any of the aforementioned behaviors and you want to seek sole custody of your child, you should document these behaviors to present as evidence to the court. Unfortunately, the court cannot make custody decisions based on word of mouth alone.

As you can see, custody matters are not something that should be taken lightly, especially when you have reason to believe your child’s health and well-being are at risk. That is why it is critical to connect with an experienced attorney from the Law Offices of Jay D. Raxenberg, P.C., as soon as possible. Our team understands the severity of these matters, which is why we are here to fight for you and your child. Do not hesitate to contact our firm when you need help in these situations.