Learn Why Your Desire to Fight for Sole Custody Might Benefit No One
Posted on: June 16, 2020
If you are planning to get divorced and you have children, one of the hardest aspects of that divorce will be sorting out child custody. You might be tempted to seek sole custody for any number of reasons, but the truth is that in most cases this is not going to be the best avenue for you. Keep reading to find out why and then contact Law Office of Michael L. Fell at (949) 585-9055 for a consultation with a local family law attorney.
Are There Circumstances That Warrant Sole Custody?
Getting a divorce can be an extremely emotional and difficult thing to do. Many people feel animosity toward their former spouse and often believe that there is good reason to get sole custody. They might be right, but in some cases the circumstances do not warrant it. If one parent is sexually or physically abusive to you or the child, or if the child is otherwise unsafe with them, then sole custody would make sense.
That said, most other situations do not warrant sole custody. Even if your former spouse had terrible behavior and cheated on you, stole from you, or acted terribly toward you, this does not generally impact their ability to get partial custody. In some cases, if a person seeking sole custody looks at the situation objectively they discover that what they really want is revenge.
Are You Actually Looking for the Power to Make the Decisions?
It is often the case that a parent believes they want sole custody when in fact what they really want is the right to make choices about school, religion, and where the child will live. It is easier to make these decisions if you have sole custody. However, this is not going to be enough of a reason for a judge to agree to sole custody.
Your Time and Attention Might Be Better Used Focusing on a Parenting Plan
Instead of looking for ways to prevent your spouse from having any custody, it might be better to use that energy to come to an agreement on a parenting plan. If you cannot agree on the terms together, then a judge will be forced to make these decisions. Do you want a stranger to decide important factors involving your family? Do not assume that they will feel the same way you do about essential decisions for your child’s future.
Think about What is Most Important to You
Instead of fighting for sole custody, which you are very unlikely to get, you might consider writing down what is most important to you and talking to your attorney about how to get those things. For example, do you want your child to spend the summers with you? That is something you can negotiate. Now is the best time to talk to an attorney who can help. Reach out to Law Office of Michael L. Fell today at (949) 585-9055 for a family law consultation.
