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When to consider seeking sole legal child custody

On Behalf of | Aug 6, 2021 | Child Custody

For some marriages, divorce is the best course of action. However, when children are involved, the situations surrounding child custody can get complicated. After a divorce, parents usually share custody of their children. But, here are a few reasons when parents in California may want to consider seeking sole legal custody of their children.

Types of sole custody

There are two basic types of sole custody: sole physical custody and sole legal custody. In sole physical custody, one parent retains physical custody, but the other parent can also make decisions on behalf of the child. In sole legal custody, only one parent has the legal authority to make decisions on behalf of the child.

Reasons to seek sole legal custody

Here are a few reasons when it may be necessary for a parent to pursue sole legal custody of the child.

  • Abuse: If the child is being subjected to emotional or physical abuse from the other parent.
  • Neglect: When the other parent fails to provide a child with food, shelter, necessary medical and dental care.
  • Substance abuse: When a parent drug or alcohol use poses a danger to the child’s well-being
  • Relocation: When one parent moves away and creates a scenario that would force the child to live far away from the other parent.

Never pursue sole custody as a power grab or out of anger directed at the other parent. Sometimes, a non-custodial parent is granted supervised visitation. However, one parent could be forbidden from having contact with the child if the court decides circumstances warrant it.

The laws surrounding child custody will vary from state to state. But the best interest of the child standard is used to decide child custody in every state. Parents in California who have questions about sole custody or need legal guidance regarding child custody may want to consult a legal representative. An experienced family law attorney can examine the situation and provide invaluable legal guidance.

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