Divorce puts people in a mindset that can focus purely on their emotions at the moment. Few will pay a second thought to the feelings of their children and family, and might even ignore their thoughts on the matter. But many studies reveal that divorce has a huge emotional impact on children since they are unsure of what the future holds, even if their parents try to prepare for it with a will or a family trust they discussed with their lawyer. This should not be the case for our child.
You should take all steps together with your partner to guarantee your child’s life is mostly the same even after your separation. Their psychological and physical well-being should ideally be intact, even if your marriage is not. Some think that this is only possible if they get sole custody of the child, but this is not possible in all cases. If you think that your partner cannot help you raise your child properly, you can ask your lawyer to reason with the court.
The legal definition of what will constitute an unfit parent differs among states. In most, however, failure to provide proper child care, neglect and abuse are the common grounds of declaring a parent unfit. Mental illness and drug addictions are also common reasons which can cause a parent to be declared unfit. In these cases, the child is first removed from the unfit parent’s care for not less than six months. If there is no change in the circumstances which caused your ex to be declared unfit, then the court can give you sole custody.
The legal definition of an absent parent is not simply one who lives apart from a child. The absent parent will be one who for any reason will fail to maintain a relationship with his/her child and consequently abandons the child. If you have absenteeism as the grounds for requesting sole custody, the courts will first try to locate the parent. The absentee parent can have visitation rights awarded if he/she turns up after you have been granted sole custody.
If you and your ex are fighting, then this will be considered an unhealthy environment for your child. In this case, the courts will award full custody to the more reasonable parent between you and your ex. If you are in an abusive relationship, keep the evidence of the incidents as they can be used to prove your case and get you sole child custody.
The courts will also consider the desire of your child when making a ruling on his/her custody. Though there exists a minimum age for the input of your child into his/her custodial parent, the views of any child with a cognitive ability will be taken into account. Child preference will be considered in conjunction with other elements surrounding your case when deciding your child’s custody.
There is no easy aspect of divorce, but you should ensure you pay attention to elements which matter. One of the crucial ones is your child. Work with a family lawyer who also has some psychological background to assess your case and ensure you have the best arrangement for your child’s custody. Moreover, the lawyer will ensure the above grounds work in your favor when fighting for sole custody.