In the state of Nevada, the courts attempt to keep families together with both parents maintaining their full rights to see and have a say in the lives of their children. But unfortunately, a parent does not always conduct themself in a way that includes these given rights and for the best interest of the child, may need to be kept at a distance. You may find yourself asking, “How do I get sole custody of my children?” A custody case can often be a stressful, emotional time for all parties. Understanding the different types of custody and why pursuing sole custody is right in your situation will be greatly aided by the experience and expertise of an attorney who specializes in family law.
What does sole custody mean?
There are too many umbrella categories of which custody is divided. There is legal custody of the child that involves major decisions of what will be included in a child’s upbringing like religion, or school decision, as well as medical decisions.
The other custody is physical custody and involves who the child will live with and how often will the other parent have visitation. If there is an agreement between the parents of how custody is shared, then the arrangement is appropriately named, shared custody. But if you believe the best interest of the child involves the other parent not making decisions as well as not being permitted to see the child, then you are seeking sole legal and sole physical custody of your child. This means that your child will be with you all the time and you will make all decisions.
Why pursue sole custody?
Pursuing sole custody should only happen if the presence of the other parent is provably harmful in some way to the child. In most cases, sole custody is not granted to one parent. This is because the burden of proof is high to ensure that parents do not use custody as a way of punishing each other for a marriage ending in divorce or other previous offenses made between the parents. The well-being of the child is at the forefront of any custody battle and children greatly benefit from both of their parents being involved in their lives. But if one parent creates a toxic environment through physical, mental, or emotional abuse or neglect, again, the child’s well-being is the most important and sole custody may be what is best.
Choosing an attorney for a sole custody case If you have determined that sole custody is the right move for your situation, contacting a family law attorney, who has experience and expertise in custody cases, can help you fight for the best interest of your child. If you are in Las Vegas, contact Warnock Family Law to get the support and legal advice during your sole custody battle.