Is Sole Custody Necessary? What You Should Know

In some divorces, one parent may have reservations about his or her children having visitation from the other parent. No matter the reason, if you have concerns, you can opt to seek sole custody. However, you should do this only if you know there are issues with your former spouse that will cause him or her to not have the children's best interests at heart. The following are some examples of when you may wish to pursue a sole custody arrangement:

Physical Abuse

If you know your former spouse has a history of physical abuse, particularly to yourself or to your children, you have a right to pursue sole custody of your children. Any person who is deemed abusive to children is a danger and should not be around the kids without supervision at a minimum.

Substance Abuse

A substance abuse problem is also another reason why you may want to file for sole custody of your children. If your former spouse regularly abuses alcohol or drugs, he or she can cause potential harm to the children in a variety of ways, including being incognizant of his or her own actions.

Neglect

Neglect is another reason to file for sole custody. A history of neglect includes actions of a parent who is unwilling or unable to give the children basic needs, including supervision, healthcare, clothing, food, and shelter.

Mental Illness

Mental illness is another reason why you should file for sole custody. The outcome will mostly rely on the type of mental illness, the parent's medical treatment, whether or not he or she is complying with prescribed treatment, and whether or not the parent has a history of mania or other problems that can be harmful to the children.

Out-of-State Move

If your former spouse wishes to move away to another state and take the kids, filing for sole custody can help you keep them with you, at least until a final decision is made. You can argue that your children would be in a better position to stay in the same environment, with visitation for your spouse who wants to move.

Incarceration

If your former spouse is incarcerated, he or she obviously cannot have custody of the children until after jail. You should seek sole custody in this case anyway, or you could have to face the ramifications after the parent is out of jail. He or she can try to get joint custody after the fact, but you and your child custody attorney can argue against that if you both feel it is not in the best interest of the children.