Is it Time to File for Child Custody

As a parent, you will do anything to protect your child, even though it may be difficult to do.

During divorce, child custody becomes a very hot topic. Parents often struggle to find the right solution for their custody arrangements, as neither parent usually wants to give up rights or time with their own child.

Sometimes parents get into custody battles just to be spiteful or to fulfill their own agenda. This is not a reason to file for custody of your child. After all, it’s not fair to your child to keep them from their other parent just because you feel slighted or sad.

Sometimes, though, taking custody of your child is the best thing you can do for your child’s well being. If you’re in a similar situation, the following are some examples of when it is definitely time to file for child custody.

 The other parent is ill.

Parents need to prove that they are healthy enough to care for their child. If one parent is ill, either mentally or physically, it can have an impact on their ability to parent a child. If your spouse is ill, you can file for sole custody of your child. Keep in mind that you will need to collect medical records and other documents that prove the declining health of your spouse in order to influence the judge’s decision.

 The other parent cannot provide stable housing.

As a parent, it’s important that you provide a stable home for your child. This means keeping a roof over their head at all times, as well as keeping a home in a safe neighborhood. If the other parent is struggling to keep a stable home, or is currently residing in an unsafe neighborhood, you can use this to file for sole custody of your child. Again, you will need documentation proving your ex’s inability to provide a safe and stable home for the child.

 The other parent is a threat to your child.

If the other parent has any history of abuse, you can file for sole custody. It doesn’t matter if your ex abused drugs or alcohol, or if they were a physical or sexual abuser. Any form of abuse is a reason to keep your ex away from your child.

Even with drug and alcohol abuse, you don’t want to put your child in a situation where they may be tempted to use drugs or alcohol, and you certainly don’t want them around the other parent if they are drunk or high.

Be prepared to collect police records, hospital records, and any witness testimony that will help to back your case.  In most cases of abuse, the judge will grant sole custody.

Before filing for sole custody of your child, be sure you have a valid reason. Most judges will try to at least allow visitation or join custody, except when the situations, like those mentioned above, are sever.

Leave a Reply