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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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