Can I get sole custody?

Griffin Law, PLLC
Mar 05, 2020

It is highly likely that you have some negative feelings toward your ex-spouse. Due to these negative feelings, you may believe that your children are best off solely under your custody. However, it is most common in the modern courtroom for co-parenting to be the default custody order. You may wonder if it is possible for you to try for sole custody. However, according to Findlaw, sole custody is very rarely awarded, and only in quite dire circumstances.

Sole custody is when one parent ends up with legal control over the children. Generally speaking, if one parent has sole legal custody of a child, it is also common for them to have sole physical custody of that child. In the past, it was very common for mothers to end up with both sole legal and physical custody of children with the father being non-custodial and having visitation rights. However, evidence has proven that co-parenting tends to support the needs of growing children best, as having both parents actively involved in their lives is a net-positive, even if those parents are no longer married and living together.

With this being the case, it is very rare for sole custody to be granted in the majority of divorces. The job of the family court is to do what is in the best interest of the children, and in most instances that is co-parenting. Sole custody tends to be reserved for cases where one parent is not fit to take care of children. These circumstances often involve drug and alcohol addiction or a past history of violence.

Essentially, it is very uncommon for a sole custody attempt to be successful.

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