If you are going through a divorce, you might be wondering what you need to do to protect your children from a custody battle. Unfortunately, custody is one of the most stressful parts of a divorce agreement. Both parents might feel like they are more equipped to raise the children and so they fight to gain sole custody of the children. Sole custody is not as common to obtain, and usually one parent will not be granted it unless there are extenuating circumstances. Here are some of the reasons why the other spouse would have their custody rights taken away.
1. Drug Use and Criminal Record
If your ex-spouse has a history of drug use or a criminal record, you may be able to get sole custody of your children. The judge may see this flaw as the parent being unfit to have the children full time, and so until they can prove that they are clean, or have a clean criminal record for a certain amount of time, they will probably only be given limited parental rights.
Thus, if you know of a history of drug use, or if you have documentation of substance or drug abuse, you need to bring it to your attorney. This could help your quest for sole custody.
2. Abandonment
If one spouse has abandoned the family, there is a greater chance that the parent who was constant and stuck around will get sole custody of the children. This means that if your ex-spouse left the home for a long period of time, has had no contact with the kids, or has been emotionally and financially distant for some time, you could argue that they don't see themselves responsible for the daily needs of the kids. You could win sole custody if you can prove that your spouse abandoned you.
3. Inadequate Living Arrangements
Another reason that one parent would be granted sole custody is that they have a home that is suitable for children. If your spouse is living in a home that does not have enough room for children, has a history of partying, or lives in a home that isn't in a safe neighborhood for children, you may be able to request sole custody. The sole custody might only be a temporary thing until the spouse can find better housing situations. But during that time you may be able to have your kids with your full time.
These are just three things that could cause a person's custody rights to be taken away. Visit Law Offices of Gordon Liebmann for more information.
