It is possible to win sole custody in divorce if you have the proper family law help to back you up! Divorce is an emotional and complex situation and these are enhanced when children are involved. When one or both parents seek child custody during divorce, the situation can be complicated. Some parents decide to share custody and may reach an agreement outside of court while others must take the case before a judge. If one parent seeks sole custody, the situation becomes even more complicated. Speaking with an experienced divorce attorney to protect your child custody rights is essential.
Can You Win Sole Custody in Divorce?
In a sole custody arrangement, physical and legal child custody are awarded to one parent and the other parent may receive visitation rights. A parent who wishes to obtain sole custody should understand that the court bases its decision mainly on the best interests of the child. Therefore, the parent will need to explain why joint custody is not best for the child. An expert child custody attorney can help a petitioning parent prepare a convincing case.
If one parent is an unfit caregiver due to abusive tendencies, substance issues, or severe mental health problems it may make sense to award sole custody to the other parent. However, some parents fight for sole custody in divorce when there is no evidence that the other parent is an unsuitable caregiver. In some cases, the battle is purely out of spite, while in others there are legitimate reasons.
What Determines Sole Custody During Divorce?
Many factors go into deciding which parent will be the residential parent and who will be the parent with visitation rights. Many times, the court grants sole custody to one parent instead of joint custody because the parents simply do not get along. When the custody case is presented to the court, the petitioning parent should have all relevant evidence and documents on hand. The adult should also exhibit acceptable courtroom conduct. It is not unusual for a custody fight during divorce to carry over into the courtroom. The parent petitioning for sole custody should not engage in emotional outbursts or interrupt when the other parent speaks.
Winning sole custody in divorce is a difficult process because courts believe that both parents should play active roles in child upbringing. Unless an extenuating circumstance is involved, a court is not likely to grant sole custody to one parent. This is why the child custody help provided by an attorney is important. A lawyer experienced with child custody cases can use past court decisions to support the request. Get the child custody help and advice you deserve, and learn how to fight for your family.
If a parent is able to win sole custody in divorce, he or she must continue to act in the best interests of the child. The other parent is likely to be granted visitation and unless this is detrimental to the child, the custodial parent must come to terms with it. Divorced parents may not like each other but they should do what is best for their children. Our team of expert family law attorneys will fight to make sure you win sole custody during your divorce!