On divorce my ex husband wants sole custody of our son
On divorce my ex husband wants sole custody of our 3 year- old son, alleging that I am an unfit mother. Under what circumstances can custody be granted to the father? I have custody of a 10 year- old child from a previous marriage so how can I be unfit? What does joint custody mean?
The test for granting custody to one parent or the other is determined by the question “ what is in the best interest of the child?” Generally due to the fact that mothers nurture small children it is often so that they are often granted custody with visitation rights regulated for the father while the father is ordered to pay a sum of money as maintenance towards the upkeep of the child. If both parents are active in the upbringing of the child joint custody may be granted, meaning that both parents become responsible for the child’s upbringing in a regulated manner. If one parent for example is mentally unstable or a drug addict that parent may be seen as unfit, whereby sole custody is granted to the other party. Courts are often reluctant to grant sole custody, as it is often not in the best interest of the child. In your case it seems to me you are not unfit if you have custody of a child, but we will need more detail to properly address all the issues.