Family courts consider parental fitness as a key part of child custody rulings. Ascertaining what's in the best interest of the child or children involved includes assessing the status of the parents. When one parent is more stable compared to the other, the court can opt to award sole custody to that particular parent. Therefore, parental fitness is typically a mechanism applied in custody battles. Of course, this doesn't necessarily mean pointing out the shortfalls of the other parent. The ideal approach is to focus on yourself and what you bring to the table in respect to the child.
The burden of proof
While seeking for sole custody of the child, you're telling the judge that the child is better off in your care alone. The truth is that this is a great burden to prove to the judge and win, which is why an experienced family lawyer can be of great legal assistance.
Focus the argument on yourself
Generally, the family court looks at two main concerns when assessing which parent is better placed to get custody of the children. These include the physical and psychological well-being of the kids.
This area covers considerable ground and not simply the physical condition of the children. By way of example, during a marriage divorce, the judge may not want to disturb or upset the routine of the children. If, for instance, the children go to a nearby school, will being in your sole custody allow them to attend school on a routine basis?
This area also looks at other things like normal sleeping patterns and eating practises. One of the key considerations you should look at is, if you win the custody case, whether your child's daily life will radically change or not. If the response is no, you have a higher chance of proving to the court that you're a better parent in respect to the overall welfare of the kid or kids. Your family attorney will explain each point in detail to the court.
Although it may appear counterintuitive, the idea of actually promoting a relationship between the child and the other parent will earn you points as opposed to telling the judge that you wish for the other parent to be totally barred from the child's life. This is not to mean that you basically wish to give up sole custody; instead you're willing to accommodate any form of visitation arrangement that the court may enforce if you're awarded full custody.