Children are an important part of any family. As a guiding principle, the courts often consider what is in the best interests of children when it comes to settling parental disputes regarding child custody rights because the final decision will have long term implications on the affected children.
If you want the judge to award you sole custody of your children, you should be able to prove that the other parent is incapable of taking responsibility over them. Here are a few factors that can help push the case in your favour.
Raising a child requires significant financial investment. A child has so many needs, e.g. an education policy, a medical cover, a safe home, etc., all which require sufficient money to provide. If it so happens that the other parent is unable to meet the financial needs of your children and you are shouldering the entire burden yourself, then you can file for sole legal custody whereby you will have the right to make major decisions concerning the welfare of the children without consulting the other parent.
If the judge puts the children under your supervision but you feel that there is no good reason to prevent the other parent from maintaining physical and emotional relationships with them, then you can agree on reasonable visitation by your parenting partner.
Evidence of abuse
If the other parent has a bad history of causing physical harm to any of your children, it will be a great move to bring this to the attention of the judge. Producing medical examination reports indicating the extent of injuries inflicted to a child through the violent conduct of the other parent will definitely swing the case in your favour.
No child should be exposed to any sort of abuse, be it physical or psychological, and if you can further prove through the testimony of a child, neighbours and other people that the other party has an abusive side, then you can convince the judge that it would be difficult to provide a stable home for your child without having full custody.
If the other parent has at some point abandoned the responsibilities that he or she has over your children, it is probable that they might do it again. If you can prove to the court that they acted negligently—for example, if a small child sustained serious injuries due to being left unsupervised while the other parent was around and could have preempted the dangers but failed to monitor the child's movements—you can be given sole child custody.
For more information about gaining custody of your children, contact a barrister who specializes in family law.Share