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How do you get sole custody of your child?

On Behalf of | Jan 8, 2024 | FAMILY LAW - Child Custody |

As a parent, you want what’s best for your child. In your case, that may have meant getting a divorce. During the divorce process, you’ll discover that divorcing parents are awarded child custody. Child custody determines each parent’s rights, obligations and responsibilities to their children. Parents may have joint or sole custody.

In the case of joint custody, parents share legal and physical custody. Legal custody would give each parent the right to decide how their children are raised, such as if they have dietary restrictions, if they go to private, public or homeschool or if they can undergo medical procedures. Physical custody is each parent’s responsibility to maintain their children’s daily routine including their meals, clothing and shelter. Courts often prefer joint custody because it’s typically believed to be in children’s best interest. 

However, you may want sole custody. Sole custody could give you the right to make all legal and physical custody decisions without your child’s other parent making any decisions. The other parent may have some visitation rights.

Getting sole custody isn’t always easy. Parents often have to prove that it’s best for their children to stay with one parent and not the other. Here’s what you should know:

Proving that sole custody is in the best interest of your child

Sole custody is typically given to one parent when it’s clear that the other parent isn’t fit to raise their children. It may help to gather evidence to prove that having sole custody is in the best interest of your child. 

For instance, you may need to gather evidence that your child’s other parent has no interest in being a parent. Or, you may have pictures, videos and texts that prove that the other parent is abusive. The other parent’s responsibilities or lack thereof could also prove that a parent is unfit for the responsibility. 

Proving that sole custody is right for your child isn’t easy. You may need the support of someone who understands family law matters.