Sole Custody with Visitation Agreement: What You Need to Know
Sole custody with a visitation agreement is a legal arrangement in which one parent has full physical and legal custody of the child, while the other parent has the right to visitation at specified times. This type of custody arrangement is common in divorces where one parent is deemed unfit, absent, or unable to provide the necessary care for the child.
If you are considering filing for sole custody with a visitation agreement, there are several factors you should consider. Here are some important things you need to know:
1. The legal process can be complicated.
Before pursuing sole custody with a visitation agreement, it is important to understand that the legal process can be complex and challenging. It may involve mediation, court hearings, and the involvement of a judge to make a final determination. It is highly recommended that you consult with an experienced family law attorney to guide you through the legal process.
2. Evidence of unfitness is required.
To be awarded sole custody, you must provide evidence that the other parent is unfit, absent, or unable to provide proper care for the child. This can include evidence of abuse, neglect, substance abuse, criminal history, or mental illness. It is important to gather as much evidence as possible to support your case.
3. Visitation rights are typically granted.
In most cases, even if one parent is awarded sole custody, the other parent will have visitation rights. The visitation agreement will outline the specific days and times the non-custodial parent can visit the child. It is important to ensure that the visitation agreement is fair and in the best interest of the child.
4. Child support may still be required.
Even if one parent is awarded sole custody, the other parent may still be required to pay child support. Child support is typically calculated based on the income of both parents and the needs of the child. It is important to ensure that child support is paid on time and in full to ensure the well-being of the child.
In conclusion, sole custody with a visitation agreement is a legal arrangement that can be complicated and emotionally challenging. It is important to consult with an experienced family law attorney to guide you through the legal process and ensure the best outcome for you and your child. Remember, the well-being of the child should always be the top priority.