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Sole Custody Questions

What is sole custody?

In sole custody one parent has the right and responsibility to make decisions regarding the child’s welfare, which may include education, medical care, emotional care, and moral and religious development without the consent of the other parent. Read below the top five sole custody questions that have been answered by Experts.

If the mother has sole and physical custody of a child, can the father access the child’s medical records?

The father should not be able to access the medical records unless the mother states that he can receive them, or if they are court ordered. Any disclosure of the records would be a violation of the HIPPA law. The facility or the doctor that released the records can be fined, since the father does not have possession or custody of the child. If the mother is aware of this sort of situation then the mother needs to file a complaint right away.

How can a parent that lives in Illinois receive sole custody of a child that resides in Montana?

First of all to file for sole custody needs to be done in the state that the child resides in, not the one that the parent lives in.

Any custody and visitation are decided by the judge and if they feel it is in the best interest of the child the judge will modify the custody agreement. When filing a motion to modify a custody agreement, the parent will have to explain why it’s in the best interest of the child to be in their custody and not the other parents and be able to back up their allegations.

If the mother is not married to the biological father of a child does that mean the mother has sole custody?

The father of the child has parental rights whether the two parents are married or not. The father has the right to obtain custody and visitation agreement. Unless there is a reason to think the father is unsafe, the court would allow some kind of visitation.

If a parent was refused sole custody due to drug addiction, and only allowed supervised visitation, and they have been two years clean what are their rights to obtain sole custody?

In most cases, based on just two years of sobriety the custody order probably will not be changed. For the visitation schedule, the courts do grant a liberal visitation to the person without custody and they expect the parents to come up with some kind of agreement between themselves. For the unsupervised and long overnight stays, usually after a drug addiction the court will try to allow some supervised visitation and then slowly work into the short overnight stays.

How can someone get sole custody of their child?

To get legal sole/physical custody, the parent needs to show that it is in the child’s best interest. If the other parent decides not to be in the child’s life then the court will be more willing to grant the sole custody. It will all come down to which parent the child should go with based upon who will provide the best care to the child.

When trying to get sole custody of a child, the main reason many parents try to get custody because of bitter feelings. Before heading off to an unpleasant custody battle, they will need to understand how custody arrangements are reached and granted. To help better understand sole custody laws refer to a Legal Expert.
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Recent Sole Custody Questions

  • My Grandson was placed in my care by CPS in February 2014. Both parents have drug issues.

    My Grandson was placed in my care by CPS in February 2014. Both parents have drug issues. Just quick little history I had went to court and was awarded temporary custody when the baby was 9months old til the age of 2yrs old. His parents seemed to be getting on the right track and during mediation we decided that they would take back raising the baby. The drugs are now back in both of their lives and that's when CPS got involved.
    My question is can I go for Sole Custody or do I need CPS's permission?
  • My divorce degree stipulates that although I was married when my minor child was born, sai

    My divorce degree stipulates that although I was married when my minor child was born, said husband is not the biological father and it states the bio father.The divorce decree also states that Therefore,it is ORDERED AND ADJUDGEED:The Mother shall have sole custody and sole parental responsibility of the child, and shall be responsible for his day-today management and activities. The Court shall reserve jurisdiction over the issues of Paternity, Time-Sharing and Child Support. Either party may file the appropriate pleading and come before the Court. All requested relief not specifically granted in this Final Judgment denied. Jurisdiction of this cause and of the parties is hereby retained for the purpose of entering such further orders as this Court may deem just & proper. How can I use this to get child support from the bio father and not the "legal father?" The legal father has never provided anything for the minor, but the bio father has &the child knows the bio father.Case in F
  • I live in NY with my 2-year-old son. My ex-husband lives 400

    I live in NY with my 2-year-old son. My ex-husband lives 400 miles away, near Philadelphia. We received the divorce decree 3 weeks ago. The divorce decree says I have sole custody and my ex-husband can visit my son when we agree. My ex went to family court to set up a hearing regarding visitation. Actually he really wants to get back together, because he's an emotionally abusive sociopath. He hardly ever sees our son and uses him to get at me. So I don't think he has a plan regarding visitation and will not cooperate with me to create a schedule. I have the following question(s):
    1. should I bring my lawyer with me to the visitation hearing, or will they likely just stick with the divorce decree (stating flexible visitation)
    2. is there any thing crazy I should be ready for at the visitation hearing
    3. is there any possible way for my ex to reverse the divorce decree (I got it by default when he did not respond to his summons)
    4. is there any way for him to prevent me from moving to North Carolina for graduate school (it is completely in my son's best interest; we will be living with my parents and my earning potential will increase 3-4x, and the distance from my son won't really change)
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