Sole custody is awarded not readily available. Here you can inform you about the reasons, which must be present in order to get sole custody. In addition, you can learn, take into account the criteria which family courts in deciding a sole custody.
When parents separate or do not live together, often the question arises: sole or joint custody? The latter was supposed to always take precedence, because of having consensual contact with mother AND father is important for children. This is also the case-law: After a divorce, for example, joint custody is maintained automatically. The same applies after a breakup, when was shared previously custody. In our article "Who has joint custody?" You can find more information. Sole custody can be transferred only under certain conditions upon request.
Sole custody of unmarried mothers
Only single mothers automatically receive sole custody. But even here, it is considered that joint custody with the child's father to the child's welfare longer serves as the sole custody from a legal perspective. therefore, an unwed mother has the opportunity to include the father in the joint custody of the child.
Even unmarried fathers have it in this context since May 2013 simple: You can joint or even a sole custody now apply without the consent of the mother. Look but this sometimes in our article "custody of the father." Here you can find the information on the amendment and the backgrounds.
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With a separation of the parents especially the children suffer. How it can go on for the whole family then and how your splits custody fair, declared you this guide.
Reasons for sole custody
Basically, an application for sole custody is considered always individual and decisively. In order to obtain sole custody of a child, must - if the other parent is not already agree - serious grounds. Parents will be expected to agree to custody issues and are able to separate their problems with each other from the responsibility to her child over - at its own expense a grueling custody battle ultimately always goes.
Sole custody is awarded if it can be seen by joint custody a hazard to the child; such as when a parent neglects the child is violent or it is absolutely impossible for the parents to agree and the child suffers. Useful sole custody may also, if the other parent is not able to exercise joint custody, for example, because he lives or abroad due to imprisonment.
Not infrequently, a custody battle ends differently than expected: the parent who has not filed an application for sole custody, it wins. This can for instance be the case if the requesting parent does not want to support the further contact to the other, but this does not contradict the child's welfare. It is also possible that only parts of custody, such as the residence determination or asset concerned is solely applied by a parent or attributed to him.
Criteria for sole custody
There are different approaches according to which family courts treat an application for sole custody. Some courts based their decision on a psychological assessment that provides information about which parent is better suited for a sole custody. Others attempt to avert by moving the parents to cooperate and the (further) exercise of the joint custody, such as through a mediation a custody process.
Generally considered the following issues in an application for sole custody:
- Continuity in education: Which parent has the larger share of education? Which parent a child's development can be ensured in a stable environment? Where the child has lived for the separation?
- promotion: Which parent can better promote the development of the child? What are the personal skills and what are the living conditions like?
- Binding: To which parent the bond is stronger? Also the binding to siblings and other persons is taken into account when the decision is for instance connected to a local exchange.
- Child will: The older the child is, the more also will be taken into account in decision making. A hearing takes place usually from the age of four. The right to participation and the possibility of conflict have children over 14 years.
All in all, wants to be a (non-consensual) application for sole custody be so carefully considered. An ugly custody proceedings can be exhausting for everyone involved, it can take a different turn than intended. Most here know, the child suffers. Parents should therefore her child's sake always try to find an amicable solution through objectivity in order to be together for it there. Even for them it is certainly easier to have to make important decisions in the interest of the child is not always alone.