2023-04-19 17:52:04
There are situations where, following divorce, one parent wants sole custody of the child because they consider the other parent to be toxic to the child. And if it turns out that he is right and that it is in the best interest of the child not to maintain ties with the parent considered toxic, then sole custody can be obtained.
A lawyer specializing in family law and civil law can tell you that the cardinal principle governing family relationships is the best interests of the child. And in court, they start from the premise that it is in the best interest of the child to maintain ties with both parents, even if he is domiciled with one of them. As a rule, parental authority is exercised by both parents.
However, there are situations in family law when ties with one of the parents can be severed for the good of the child. These situations are:
- alcoholism
- mental illness
- drug addiction
- violence towards the child or towards the other parent
- convictions for crimes of human trafficking, drug trafficking, sex crimes, crimes of violence and any other reason related to the risks to the child that would arise from that parent’s exercise of parental authority.
The list is not exhaustive but may give you an idea of the severity required for a parent to be deprived of parental rights. There are cases beyond those listed in which the judge decides to grant sole custody to one of the parents, for example when we are in a situation of pronounced indifference to the child’s living conditions. As is known, in some dysfunctional families, Child Protection had to intervene to remove the children from the danger represented by their parents and deprived them of their parental rights.
The request for obtaining exclusive custody does not necessarily have to be part of the divorce process, it all depends on the moment when the reasons for requesting exclusive custody intervened. Thus, following the divorce, parental authority can be exercised by both parents and one parent may notice, for example, bruises on the child’s body following the time spent with the other parent. Each individual case must be reviewed by a specialized civil law judge called a guardianship court, who has full authority in assessing the negative impact a parent has on the child.
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