Sometimes, a parent will go to court seeking sole custody of their child. This may be because joint custody is not in the best interest of the child. In the State of Kentucky, a bill was created that allows for parents to retain joint custody by default and this is usually the best measure for both parents to maintain relationships with their children. However, when a parent does not want to continue with shared custody they will have to go back to court to apply for sole custody.
Physical Custody vs Legal Custody
Parents can obtain two types of custody, sole custody, and legal custody…
- Legal custody is a parent’s right to make decisions regarding matters of importance in the child’s life, such as the child’s medical care, education, religious upbringing, and moral development. If a parent has sole legal custody, they do not need to consult with the other over the previously mentioned matters.
- Physical custody pertains to where the child lives and the actual physical care of the child. Decisions regarding the day to day care of the child are typically made by each parent when the child is in their care. However, if one parent has sole physical custody, that parent makes those decisions alone.
Factors That Warrant Sole Custody…
Evidence must be provided if a parent believes joint custody would not be in the best interest of their child. To obtain sole custody one of the following criteria must be proven…
Abuse
If a parent has a history of violence or sexual abuse and has been abusive to the child (or any child) or the other parent..
Neglect
If a parent has a history of neglecting the child, it is likely this neglect would continue in the future. Neglect is the failure to provide a child with necessary dental care, medical care, proper supervision, adequate food, appropriate clothing, shelter, and any other safeguards that protect the child’s physical and emotional well-being.
Substance Abuse
A parent who engages in substance or alcohol abuse presents a danger to the child.
Mental Illness
A child should be protected from a parent who is mentally unstable and exhibits irrational and unpredictable behavior that may endanger the child.
Abandonment
Sometimes parents are unable or unwilling to take care of their child. If a parent has shown little or no interest in the child and has failed to maintain contact with the child, you may want to get sole custody in order to protect your child’s best interests.
Incarceration
If a parent is in prison. If you feel it would be in your child’s best interest, you may want to seek sole custody that will secure your custodial status now and offer the incarcerated parent reasonable (if appropriate) visitation in the future.
Relocation
When a parent plans on moving out of the state or country, some parents feel it would be better if one parent was granted sole custody.
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If the parent seeking sole custody is doing so as the result of the other parent’s negligence, they should be aware that the court may still grant that parent supervised visitation. Something like this would ensure the child is safe while still allowing them to continue a relationship with the other parent.
Whether you are seeking sole custody of your child or you are fighting to retain joint custody, contact an attorney who will help you pursue the best option for your family.
Contact us (859-341-2500) for a Free Consultation!
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About Grubbs & Landry
At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
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