|
After a legal separation or a divorce, it is possible that parents are unclear about their rights and the legal actions that need to be taken to provide for the best interest for their child. Parents may have frequent debates to ascertain whom the child will live with. If there is a fear of abuse or threat to the safety of the child, sole legal custody law may come into picture. Few of the most commonly asked questions regarding sole legal custody rights have been answered below: Q. What does one mean by sole legal custody?
Only one parent is provided the guardian rights for the child in sole legal custody. This parent has the right to take all decisions regarding the upbringing of the child and the child lives with this parent. However, the other parent would be allowed visitation and parenting time. Q. Does custody of the child transfer to the surviving parent if the parent who has the sole legal custody passes away?
Custody of the child does not automatically transfer to the surviving parent, by default, in the event the custodial parent passes away. However, the custody may transfer by default if the court order was already in place about this matter. In the absence of such a clause, the surviving parent files for custody to obtain an order from the court. If the parent is unfit or not capable of caring for the child, the court may not grant guardianship. Q. In the state of South Carolina, can the mother file for sole legal custody of the child if the parents are unmarried?
The mother would generally get custody of the child if the parents were unmarried. However, the father may file a petition in the court for the custody of the child. The petition filed by any of the parents may include the following: • The child’s name, parents’ name and child’s date of birth
• If the father did or did not sign the birth certificate
• That the mother has physical custody of the child since birth, if that is the case
• If the father has had any contact or visitation with the child; indicate how much visitation there has been, when and whether it has been consistent Q. If the non-guardian parent does not honor the regulations set by the court order, what rights does the other parent have?
The parent having sole legal custody may file for contempt of court if the non-guardian parent does not honor the court order. This may lead to reduction or cancellation of the visitation rights of the non-guardian parent. One may also file for child support along with contempt of court if there are sufficient reasons to do so. One parent may be awarded custody in the event that the other parent is deemed unfit for child custody and the court will try to ensure that the decision is in the child’s best interest. It is always better to take a legal opinion from an expert in family law in the event of any doubts arising about one’s rights.
Related Articles -
sole legal custody, sole legal and physical custody, sole legal custody rights, sole legal custody definition, what is sole legal custody,
| 
