Can You Get Sole Custody?

Law Blog

For many people going through divorce, their first concerns are for their children. How often will they be able to see their children? Divorce can have a serious impact on your relationship with your child, but when you have sole custody you can still be in charge.

What Is Sole Custody?

Sole custody refers to one parent being the main parent to make decisions for the child. Sole legal custody refers to making decisions about the child's education, medical care, religious development, and more. If a parent has sole physical custody, the children are under their physical supervision and the other parent may have some visitation rights. You may have been awarded both sole legal and physical custody.

Why Is Sole Custody a Good Thing?

For many parents, sole custody is a good idea because it means you do not have to consult with somebody else to make decisions about your child's life, especially when it comes to your child's medical and school needs.

What Is Your Likelihood of Getting Sole Custody?

Your likelihood of obtaining sole custody depends on a variety of factors, including the other parent and their ability to parent and provide for the child. You would need to consult with an attorney before you move forward with the process.

What If My Ex Just Gave Me Sole Custody?

Even if your ex agrees that you can have sole custody, you still need it in writing to avoid potential legal problems later down the road. You may not have to go to court, but you still need an order to ensure you aren't in trouble.

What Is Custody Based On?

The court will consider sole custody based on a number of factors, including the child's best interest. For example, the parent who provides 100% of care at home will be preferred over a parent who provides no at-home care for the child.

In some cases, custody is based on factors like abuse and financial resources. If one parent has a history of criminal violence or abuse of a child or spouse, they may not be as likely to get custody of a child in court.

What Should You Do to Pursue Sole Custody?

You can pursue sole custody by speaking with a divorce attorney who understands the high stakes associated with child custody and divorce. Schedule a consultation with a custody attorney today to discuss your needs.


24 April 2020

How to Gain Guardianship Over a Child

The laws governing child custody and guardianship can be confusing. As a family attorney, I have helped many clients gain legal guardianship over a foster child or a relative's child. Getting legal guardianship of a child you are caring for is important because you need to be able to make decisions about that child's education, health care and other matters. This blog will help you navigate the world of legal guardianship and show you how to take steps to get guardianship over a child whether the child's parents are cooperative or not. Legal guardianship does matter even if a child is not going to be adopted. I hope to help people find the way to get this done.