Can I get sole custody of my children?

| Feb 3, 2021 | Child Custody |

If you are getting divorced with children in the mix, you are going to have to figure out the parenting situation after you finalize the paperwork. It is most common to end up in a joint custody situation with your ex-spouse, which means that you both will share physical and legal custody of the child.

Particularly if you have a contentious relationship with your ex-spouse, you may think that it would be better to get sole custody. However, in most cases this is not advantageous to pursue. According to Custody Exchange, unless your spouse is abusive or has addiction problems, you probably should not try for sole custody.

What are your motives?

Assuming that your spouse is not an addict or an abuser, you must examine your motives for wanting sole custody. If your motives involve revenge against your ex-spouse, it is unlikely that the courts are going to agree.

The courts are going to make all custody decisions in the best interest of the child. Generally speaking, the family court believes that having both parents equally invested in the child’s life is going to be best for the child.

Be aware that this can backfire

If you decide to seek sole custody, it is highly likely that the other parent is going to contest this, which means that you are going to end up in court. If this happens, you have essentially given all of the decision-making power over to the judge. Again, if the judge believes that you are acting out of malice rather than concern for the child, that is not going to reflect positively on you.