Should I ask for sole custody?

On Behalf of | Sep 18, 2020 | Child Custody |

Custody matters are something the court takes incredibly seriously as it assumes great responsibility for the safety and well-being of your children when making decisions in this situation. A judge will carefully consider all factors and evidence you present.

You have the right to request whatever custody arrangement you want, but you should know the court generally prefers a joint arrangement where you and the other parent have equal rights to the child and the ability to form meaningful relationships with him or her. If you wish to request sole custody, then you need to understand what that means.

Sole custody definition

FindLaw explains that sole custody means you are the only parent with rights. You can have sole physical or legal custody or both.

You have the exclusive right to make decisions for your child if you have sole legal custody. You have the child with you all the time if you have physical custody.

The decision

Courts do not often award sole legal and physical custody to a parent, so asking for it is a shot in the dark. The court looks out for what is in the best interests of your child, and the law leans towards children having a right to have both parents in his or her life. The law also wants to preserve parental rights.

You may get sole custody if you can show the other parent is unfit. If he or she would put your child in physical danger or cause damage to his or her emotional or mental health, then you may have a case. Otherwise, it is unlikely that the court will give you sole legal and physical custody.