(Newswire.net — January 25, 2019) — Florida law typically acts under the presumption that children should have the ability to spend substantial amounts of time with each parent. While there are many instances that allow for sole custody, it is an uphill battle that will need the legal expertise of a family lawyer in Miami to ensure that you are appropriately represented and able to convey your concerns effectively to the court system. Making the decision to pursue sole custody has serious implications that can have a major effect on your children. Before you make the decision to pursue this route, at minimum it is recommended that you receive a free consultation from an experienced attorney that focuses solely on family law in Miami.
When Can Sole Custody Be Granted
If the other parent disputes your request for sole custody, the courts will more than likely give the other parent an opportunity to prove that they are not a threat to their child’s well being. This proof can come in the form of written recommendations, proof of a stable job as well as proof of being sober and/or receiving mental health treatment. Some of the more extreme circumstances that warrant sole custody are:
- Drug Addiction
- Physical and/or verbal abuse
- Associations with unsafe people
- Criminal activity/ Irresponsible behavior
- Untreated mental health disorders
- Inability to provide the child with a safe environment
While there are unique cases that will fall outside of these parameters, it is not likely that sole custody will be granted. If the other parent does not fall within one of the aforementioned categories, sole custody may be denied. However, if the other parent agrees to you having sole custody, the courts will typically take this into consideration when making a decision.
Why Sole Custody May Be Denied
Sole custody can be denied for a variety of reasons. Remember, Florida custody law acts under the premise that children should be raised by both parents. It will take a considerable amount of credible evidence to convince the courts otherwise. If the other parent is drug free, responsible, law abiding, mentally stable and has a safe environment for the children; sole custody will be denied in most cases. If you believe that the non-custodial parent exhibits these qualities, but you are still concerned about the safety of your child, it is best to contact a family lawyer in Miami and discuss the specifics of your situation before you file a petition for sole custody.
When to Contact a Divorce Lawyer in Miami
Contact a divorce lawyer in Miami the moment that you are considering a divorce. Divorce in Miami can be difficult to navigate alone, especially when one partner is seeking sole custody of the children. If you are a non-married parent, it is recommended that you contact a family lawyer in Miami if paternity and parental rights have not already been established. If neither have been recognized by the law, the mother will automatically have sole custody unless it is challenged in court. Making the decision to seek sole custody can be difficult, but if it is necessary for the safety of your children, then the process will be well worth the wait. In most cases, it is best to make attempts at resolving differences with the other parent and foregoing the legal system if you can. If it is not possible, ensure that you are appropriately represented.