In general, family law courts do not lean towards sole child custody orders following a divorce. There is plenty of evidence and case studies that determined joint custody is typically better for both the parents and the children, so if you want sole custody, you will need to fight for it. Not only are you going to be up against your ex-spouse, but also the judge who will probably be skeptical that sole custody is better.
If you want to win sole custody of your kids, remember:
- Best interest of your child: The groundwork of your argument should be that sole custody will be representative of your child’s own best interests. Keep this in notion in focus, integrate it into your decision, and your odds of obtaining sole custody will improve.
- Domestic violence: If you or your child have been abused or fear abuse from your ex-spouse, you must be willing to tell someone. The court will do all it can to remove a child from a dangerous situation, which may amount to sole custody and protection orders.
- Relocation: Taking a child away from their hometown, school, and friends can be detrimental to their wellbeing and happiness. If joint custody would mean that your children would need to spend half of their days in another city or county when they stay with your ex-spouse, it could be argued to the court that sole custody with visitation would be better for them.
- Occupation: You and your ex-spouse’s schedules will need to be considered before making a child custody ruling. In particular, the demands of your occupation and whether or not they can keep you from spending quality time with your children will be weighed. With that said, if your spouse needs to work long, irregular hours or is totally devoted to their job, the court might be inclined to grant you sole custody.
As mentioned, the court and your ex-spouse will likely contend or question your request for sole child custody. The argument you bring to them will need to be sound and reasonable. Allow the Law Office of Russell S. Hershkowitz, L.L.C. and our Altamonte Springs family law attorney help you understand your rights and work on your divorce case to keep you pointed in the right direction.
Contact our firm today for more information.