When a child is at the center of a divorce, the courts rarely award sole custody to a parent for a number of reasons. However, when it is best for the child, they will do so. As such, if you’re going through a divorce and have concerns about your ex-spouse receiving custody, this blog explores what you must know about fighting for full custody with the help of a Nassau County child custody lawyer.
What Is Full Custody?
Generally, custody has two different aspects – physical and legal. Physical custody refers to the party who is caring for and housing the child at any given point. Legal custody refers to the right of a parent to make important decisions for the child. This includes things like where they go to school, what religion they practice, and the medical care they receive.
It’s important to understand that the courts do not take the parent’s wishes into consideration. Instead, they must prioritize the best interest of the child, even if the parents are unhappy with that decision. Generally, the courts believe it is in the best interest of the child to spend equal time with both parents when possible.
However, there are instances in which sole custody is granted to one parent. For example, if one parent has sole physical custody, they may have joint custody with the other parent, or vice versa. When full physical custody is granted, the courts will often grant visitation rights to the other parent so they may maintain some form of relationship with the child.
Under What Circumstances Is This Granted?
Though the courts will do everything in their power to grant equal or at least partial custody to both parents, there are circumstances under which being in the custody of one parent at any given time is not in the best interest of the child. The following list includes common reasons why a parent may not receive custody of their child:
- Substance abuse issues
- Abuse
- Neglect
- Incarceration
- Inability to provide a safe and stable home
If you want to fight for sole custody of your child, it’s important to understand that you must demonstrate why the other parent is unfit. As such, you’ll need to gather evidence that can help support your case. For example, you can gather police reports, DUI arrest records, and photos or videos that help showcase why it would not be in your child’s interest to remain in the care of your ex-spouse.
As you can see, custody matters are not something that should be taken lightly. That’s why it’s imperative to connect with an experienced attorney who will fight for the best interest of your child. At Barrows Levy, PLLC, we understand how difficult these issues can be, which is why our team is committed to helping you. Connect with us today to learn more about these complicated matters.
