When parents of children are getting divorced, decisions must be made about who the children will live with and whether either parent has more say in aspects such as their education, religious upbringing and extracurricular activities. Sometimes there are disagreements about these matters that cannot seem to be resolved. A Divorce Lawyer in Decatur AL can represent either spouse in the case, while the other must hire a different attorney.
The most common
arrangement is for one parent to have primary or sole physical
custody. The other sees the kids on a regular visitation schedule,
and may be welcomed to spend additional time with the youngsters as
well. Sometimes parents share custody, trying to make their time with
the children as equal as possible.
and Legal Custody
become particularly contentious if one parent decides he or she will
insist on having sole physical and legal custody. This is the least
common form of child custody after a divorce. It means one parent has
all legal rights to make decisions about the youngsters and the other
has none, although that parent still can have regular visitation.
A Divorce Lawyer
in Decatur AL representing this spouse knows that judges rarely
approve these petitions for sole legal custody. The court typically
rejects a request for sole legal custody if it’s clear that the
parent just wants to avoid having to communicate with the ex-spouse.
The client would
need to provide evidence that the other parent is unfit to make
decisions about their children. There might be evidence of routine
illicit drug use or drug addiction, for example. The person may go
out to bars and drink excessively every single evening. The parent
may have recently been released from prison after being convicted of
a violent crime.
All of these can be used by a firm such as ONeal & Kilgo Attorneys at Law in court to convince a judge to grant sole physical and legal custody. Spending time with the kids might be restricted to supervised visitation or daytime visitation with no overnight stays until the parent makes significant lifestyle changes.
Be the first to like.