In the event of a divorce, one parent can apply for sole custody — an arrangement where only one party has the legal and physical custody of the child. The custodial parent has the exclusive rights to make decisions on behalf of the child, which include residence, education, medical care, and other important aspects of life.
Awarding of Sole Custody
If you have plans in getting sole custody, it is important to note that courts are moving away from this type of arrangement (if possible). Child custody attorneys in Provo and other parts of Utah note that this gives the child time to be with both their mother and father. There are some instances, however, that sole custody may be necessary, especially if one parent is unsuitable for caring for the child.
Other circumstances include:
- The child is at danger for any type of abuse
- The other parent is physically or mentally incapacitated
- The parent wants to forfeit parental rights and responsibilities
The Child’s Best Interest
When deciding on child custody, the court always considers what’s best for the child. The recommendations or preferences of one parent have no bearing on the decision of the court. This is to make sure that the child will receive the best possible arrangement. Determining child’s best interest depend on many aspects, such as the physical and mental fitness of each parent and the parents’ ability to provide life necessities.
Modification of Sole Custody Order
Custody orders from the court are final, but they can be changed if deemed reasonable. If the other parent, for instance, becomes capable of supporting the child, the court may allow shared or partial custody. In this case, the parent who wants to modify the order will need to file a request to the court for an appropriate analysis of the case.
If you need help regarding child custody, it is best to talk to a lawyer. A child custody attorney can help you in obtaining sole custody and assist you throughout the legal process. Your lawyer will also help you in challenging or modifying an existing custody order.