If the other parent also wants sole custody, you may face a long battle.
Sole custody refers to physical and legal custody, also known as full custody. It’s essential to differentiate these two terms as many people might use them interchangeably. When a parent has sole physical custody, the child lives with them, but the other parent might visit. Similarly, when a parent has sole legal custody, they’re responsible for making significant decisions about their child’s life without considering the other parent’s opinion.
So, if you think about whether you should seek sole custody of your child, this article is for you. Below you can find the most common reasons why you should fight for this custody and how you can win it.
When Should You Seek Cole Custody?
Obviously, the number one reason for seeking sole custody of your child is to protect them from any physical harm, especially if the other parent endangers them in ways such as:
- Abuse: If the parent has a history of abuse or assault, this harms the child.
- Neglect: If the parent hasn’t been actively present and neglected the child, this situation can also continue in the future. Negligence means the parent fails to provide their child with essential medical care, supervision, food, shelter, clothing, etc.
- Substance abuse: Similar to physical abuse, when the parent has a history with drugs or alcohol, they present a danger to their child. Their mental state might not be stable due to substance abuse, so it limits them from properly taking care of the child.
- Mental illness: A mentally unstable parent poses irrational and dangerous behavior to their child.
- If you’re experiencing any of the reasons mentioned above, you should reach out for help from some experienced lawyers who specialize in this area and know their way around the law.
What are the Chances of Winning Sole Custody?
The chances of winning sole custody depend on many factors and the circumstances of your case. Most courts assume that children will benefit from joint custody when that’s not always the case.
If you and the other partner arrange an agreement on sole custody, the court will follow your agreement.
However, if you’re having trouble agreeing with the other party, we strongly recommend getting help from specialized lawyers. Suppose you live in Oklahoma, you should contact Oklahoma City Custody Lawyers, and they’ll provide you with ways to reach an agreement.
At the same time, if the other parent also wants sole custody, you may face a long battle. Still, you must show the court why sole custody would be in your child’s best interests and provide proof of anything you say.
How to Win Sole Custody without Going to Court
Even if you don’t make it to court, winning sole custody is possible. Initially, the mother automatically has sole custody of her child unless the court says otherwise. Also, if one of the parents is dead, the other parent also has sole custody.
You could write a custody agreement that details your shared decision with the other parent and how your child could benefit from this. Ensure to include stuff such as when your child will spend time with the other parent or any decisions the non-custodial parent can make.
Still, your best option of getting sole custody is with the help of professional lawyers. Not everyone is informed about the laws in their state, especially if this is their first rodeo. The first step would be to settle this while you’re still getting a divorce. You can also consult Oklahoma City Divorce Lawyers, who’ll provide tips on how to communicate with your partner and ultimately win sole custody of your child in the future.