November 14th, 2019

Legal

If you have reason to believe that a shared custody situation is not in the best interests of your children, you need to consider fighting for sole custody. This allows you to make all the decisions for your children. There are some different instances in which you should seek sole custody. Be sure to work with your Annapolis divorce lawyer on seeking sole custody. Here are some of those instances:

Physical Abuse

If your former spouse has physically abused you or your children, you need to fight for sole custody. A violent spouse is dangerous, and the court will always do what they can to keep the children safe.

Drug or Alcohol Abuse

Another reason to seek sole custody is when your former spouse uses drugs or alcohol, particularly to the point of inebriation. If a parent cannot care for his or her children uses drugs or alcohol, you can argue that your spouse is not fit for any sort of custody until he or she makes a change.

Child Neglect

If your former spouse has any history of neglecting your children, you should seek sole custody. Neglect is considered when a parent cannot adequately provide a child with basic necessary care. This includes providing healthy food for a child, clothing, proper supervision, shelter, and healthcare.

Spouse Wants to Leave the State

If your spouse wants to move outside of the state or even to a different country, you may want to consider sole custody. This ensures you have a say in where your child lives, and you do not have to worry about your child being a distance away from you. The parent without sole custody can still see the child, but you will determine when and where.

Mental Illness

If your former spouse has a mental illness, it can have an impact on his or her ability to properly parent the child. Mental illness has a wide variety of ranges. Some forms of mental illness are very mild and treatable with proper medication. However, if the mental illness is so bad that it impacts the parent's ability to provide proper care for the children, the court may award you with sole custody.

Abandonment

Abandonment is also another consideration when it comes to sole custody. If your former spouse abandons the child, the court will consider that when making a decision about custody. Abandonment is the act of leaving the child and not providing any form of care or contact.

Incarceration

If the child's other parent is in jail for a long time, you can seek sole custody of your children. Incarceration can negatively impact a child, so you need to be a constant force in your child's daily life. Your spouse can seek visitation once he or she leaves jail, but you have the power to make decisions.

If you have any questions about when you should seek sole custody, please contact the Law Office of Patrick Crawford, your Annapolis divorce lawyer.