When parents separate or divorce, one of the most important decisions involves who will make major decisions on behalf of the child. In New York, this legal authority is referred to as legal custody, and in some cases, a parent may be awarded sole legal custody. At The Gilmer Law Firm, PLLC, we help parents throughout Brooklyn understand their custody rights and advocate for the best interests of their children in family court.
What Is Sole Legal Custody?
Sole legal custody means that only one parent has the legal right to make major decisions regarding the child’s upbringing. This includes decisions about:
- Education (e.g., where the child goes to school)
- Medical care (e.g., choosing doctors or treatment plans)
- Religious upbringing
- Mental health services
- Extracurricular activities
The parent with sole legal custody does not need to consult or get consent from the other parent when making these decisions. This differs from joint legal custody, where both parents must work together on such matters.
When Is Sole Legal Custody Granted in Brooklyn?
New York family courts generally favor joint legal custody when both parents can communicate and work together. However, sole legal custody may be granted in Brooklyn courts when:
- One parent has a history of domestic violence or child abuse
- There are ongoing issues with neglect or substance abuse
- The parents have a high-conflict relationship and cannot cooperate
- One parent is absent, uninvolved, or fails to exercise parenting time
- It’s determined that joint decision-making is not in the child’s best interest
At The Gilmer Law Firm, we have years of experience representing parents in Brooklyn Family Court, particularly in high-conflict custody disputes, including Administration for Children’s Services (ACS) matters that may affect custody outcomes.
How Sole Legal Custody Affects Parenting Time
It’s important to understand that sole legal custody does not automatically mean sole physical custody. A parent can have sole legal custody while the other parent still enjoys parenting time or visitation rights. However, if the non-custodial parent is deemed a danger to the child, both legal and physical custody may be awarded solely to one parent.
Our firm works closely with clients to build strong, evidence-based cases that protect children and reflect the realities of each family’s situation. Whether you’re seeking sole legal custody due to safety concerns or defending your rights as a parent, we can help.
Benefits of Sole Legal Custody
In certain circumstances, sole legal custody can provide the structure and stability a child needs. Benefits may include:
- Consistent decision-making without conflict
- Protection from an abusive or irresponsible parent
- Faster, more efficient choices in medical and educational matters
- Clear legal authority, minimizing disputes
However, securing sole legal custody in New York requires demonstrating that it is truly in the child’s best interest. Courts do not make this decision lightly—and neither should you.
How The Gilmer Law Firm Can Help
At The Gilmer Law Firm, we bring over two decades of experience to custody cases in Brooklyn. Attorney George Gilmer understands the emotional and legal complexities involved in seeking sole legal custody. Whether your case involves ACS investigations, allegations of abuse, or ongoing parental conflict, we’ll provide dedicated representation and honest guidance.
We offer:
- Strategic legal advocacy for sole custody petitions
- Representation in Family Court hearings
- Support during ACS investigations
- Affordable fee structures and payment plans
- Services in English and Spanish
We’ve helped parents throughout Brooklyn secure custody orders that protect their children and bring peace of mind.
Contact Our Brooklyn Custody Attorney Today
If you believe that sole legal custody is necessary to protect your child’s welfare, don’t face the legal process alone. At The Gilmer Law Firm, PLLC, we take your case seriously and fight for what matters most—your child’s future. Located in Downtown Brooklyn, we proudly serve clients throughout Kings County and the surrounding boroughs.
Contact The Gilmer Law Firm today for a confidential consultation.