Morgan Tidalgo Sukhodrev & Azzolino LLP
Call today to schedule an appointment
408-244-4570
Focused On Maintaining The Highest Level
Of Professionalism & Integrity
Staying In The Foreground Of Changing Laws

A divorcing mother may want to seek sole custody

Are you a mother going through the divorce process? Are you concerned about the future of your child or children? If you find yourself in this position, you need to learn more about the many types of child custody.

While joint custody may be the most common arrangement, this doesn't mean you have to go down this path. Instead, you have the right to fight for sole custody.

Sole custody means that you are granted exclusive legal and physical custody rights regarding your child. Although rare, there are times when the court realizes that this is the best idea. For example, the court may award a mother sole custody if the father has a history or child abuse or a drug addiction.

If you receive sole custody, you have the right to make any and all decisions regarding your child. Furthermore, you don't have to consult with the child's father in order to receive his permission.

Note: Although you may have sole custody, it doesn't mean that your child will never spend time with his or her father. Instead, the father may be able to retain visitation rights with the child.

What about relocation?

Many people with sole custody believe that they can do whatever they want with their child, including relocating without the court's permission. This is not true.

If the father has visitation rights, relocation is an issue that the court will address. While the details are being worked out, the court will use a temporary order to ensure that everything remains the same for the meantime.

What does a sole custody arrangement look like ?

While no two people are in the same position, here is an example of a sole custody arrangement: A mother and father decide to divorce because the father has a history of child abuse. The mother is granted sole custody as a result of the circumstances. From there, the mother has the legal right to make any and all decisions. Also, the child will live exclusively with the mother. In some cases, the father may receive visitation rights.

There are many types of child custody, so you need to become familiar with each one as you move through a divorce. This will ensure that you fight for the type of custody that is best for your child.

No Comments

Leave a comment
Comment Information
Email us for a response

Request For A Consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy