Reality TV show fans in Colorado and throughout the country are often glued to their sets when Teen Mom 2 comes on. Jenelle Evans used to be key star on the show until her employers fired her after she and her husband made headlines regarding a family dog that had been shot. If you’re currently concerned about child custody or divorce issues, you may want to follow Evans’s case.
Last summer, an investigation was conducted to determine whether Evans and her then spouse were fit parents for custody of their toddler-age daughter, whom Evans’s husband, David Eason, had apparently been trying to protect when he shot the family dog. He told the court that the dog had nipped the baby’s nose, so he killed it. The judge did not take custody away from either parent at that time.
Difference between primary and sole child custody
Evans recently posted on Instagram that she has decided to divorce Eason. She filed a petition in court, which many people believe was a request for child custody of the now 2-year old daughter. Custody issues can be confusing, so the following list includes basic facts and information that may help you better understand the process:
- Primary physical custody refers to the parent with whom the child in question will reside most of the time. It doesn’t mean the other parent does not have any custody rights.
- Sole custody, on the other hand, typically refers to both physical and legal custody, and is usually granted by the court in favor of one parent when the other has been deemed unfit.
- In Evans’s case, since the dog-killing issue has already been litigated, she likely could not use it as evidence to suggest that Eason is an unfit father.
- A family law judge has discretion to decide each case by its own merits. While two cases may have certain issues in common, it doesn’t necessarily mean a judge’s ruling will be exactly the same in both situations.
If you believe your spouse is an unfit parent, you’ll have to provide evidence to convince the court as well. Such evidence often includes things like proof of substance abuse, child abuse, or exposing children to people or situations that cause risk to their emotional or physical health.
Although your reasons for requesting sole custody might be different than the issues mentioned here, you should be prepared to support your allegations through physical evidence or third-party testimonies that help substantiate your claim.