The tendency nowadays is to give divorcing parents joint custody
of their children. The thinking is that both parents should be involved
in rearing their children. This is fine as far as it goes, but there are
situations when the parents can't work together, and sole custody is
the only answer.
There is no one way for a member of a divorcing couple to be guaranteed sole custody. If one of the parents behaves in a way that makes joint custody impractical, it might be something a judge would consider in making a custody decision. The uncooperative parent who demands sole custody may find that the judge will grant it, but to her ex instead of her. Ultimately, however, the judge has to consider what is in the child's best interest, and there are good reasons for a judge to agree with the parent who requests sole custody.
Make a list of the reasons that you feel your ex has failed as a parent. Is he an alcoholic or a drug addict? Does she go out with her buddies leaving you as primary caretaker? Is he violent with you or your children? Now, ask yourself, how am I going to prove this?"
The court won't care whether the two of you like each other. It's main interest will be to protect the child from either parent's shortcomings. If there are drugs or alcohol involved on one side, the other parent will probably be better qualified to have primary responsibility for the child.
Has the other parent abused you or your child? If she has, you will have to get your local welfare department involved. It will investigate both of you. If the child is found to be injured, he or she can be placed in foster care while the truth of the parent's accusations against each other are sorted out.
Another possibility is hiring a custody evaluator or guardian ad litem. These professionals can prepare reports for the court after they investigate both party's lives and homes. They will also be entitled to any reports that others have made regarding your child, such as report cards, doctor's records and teacher reports. Your income may also be relevant. You may even have to get references from the people who know you. In short, asking for sole custody is an uphill battle unless your ex's defects are so glaring that even the judge can pick them out in the few hours you'll have to convince him at your final hearing.
The court has broad powers to do what it thinks best in a custody dispute. The child can be awarded to both parents or can be placed under the sole authority of one. Given a choice, most judges believe that joint custody gives the child more opportunities to know and be raised by both parents. Because of this, they are likely to believe that joint custody is a better deal for the child. However, if the parents won't work with each other, the court will have to give primary responsibility for the child's care to one of them.
There is no one way for a member of a divorcing couple to be guaranteed sole custody. If one of the parents behaves in a way that makes joint custody impractical, it might be something a judge would consider in making a custody decision. The uncooperative parent who demands sole custody may find that the judge will grant it, but to her ex instead of her. Ultimately, however, the judge has to consider what is in the child's best interest, and there are good reasons for a judge to agree with the parent who requests sole custody.
Make a list of the reasons that you feel your ex has failed as a parent. Is he an alcoholic or a drug addict? Does she go out with her buddies leaving you as primary caretaker? Is he violent with you or your children? Now, ask yourself, how am I going to prove this?"
The court won't care whether the two of you like each other. It's main interest will be to protect the child from either parent's shortcomings. If there are drugs or alcohol involved on one side, the other parent will probably be better qualified to have primary responsibility for the child.
Has the other parent abused you or your child? If she has, you will have to get your local welfare department involved. It will investigate both of you. If the child is found to be injured, he or she can be placed in foster care while the truth of the parent's accusations against each other are sorted out.
Another possibility is hiring a custody evaluator or guardian ad litem. These professionals can prepare reports for the court after they investigate both party's lives and homes. They will also be entitled to any reports that others have made regarding your child, such as report cards, doctor's records and teacher reports. Your income may also be relevant. You may even have to get references from the people who know you. In short, asking for sole custody is an uphill battle unless your ex's defects are so glaring that even the judge can pick them out in the few hours you'll have to convince him at your final hearing.
The court has broad powers to do what it thinks best in a custody dispute. The child can be awarded to both parents or can be placed under the sole authority of one. Given a choice, most judges believe that joint custody gives the child more opportunities to know and be raised by both parents. Because of this, they are likely to believe that joint custody is a better deal for the child. However, if the parents won't work with each other, the court will have to give primary responsibility for the child's care to one of them.
Give yourself a break! Divorce is hard, and you can't help but
feel overwhelmed buy the many decisions that have to be made. You'll get
all the answers you need at http://www.yourlawlady.com Have a question about your own case? I'll answer you questions for free at AskYourLawLady@yourlawlady.com
