| If you are undergoing an angry divorce or ending of | | | | practice of one parent making false abuse |
| another relationship involving children, you may consider | | | | accusations in custody battles has became more |
| filing for sole custody so that you don't have to share | | | | prevalent, you will need solid proof of abuse. Some |
| parenting with your ex. Before making the decision to | | | | judges have been known to give custody to the |
| pursue full custody, you need to consider the financial | | | | abuser, believing that the other parent was making |
| and emotional aspects involved. | | | | unfounded accusations. |
| There are two types of sole custody. Sole legal | | | | If your ex is in jail, this may be seen as a reason to |
| custody involves one parent having all decision-making | | | | grant sole custody to you, especially if the jail term is |
| authority for the child. Generally, this is the type of | | | | long. Substance abuse or other mental health issues |
| custody that may be generically referred to as sole | | | | could also result in a full custody award for the other |
| custody. Sole physical custody means that the child will | | | | parent. |
| live with one parent with the other parent usually | | | | Domestic violence can sometimes cause the court to |
| receiving visitation. | | | | grant custody to the abused parent. But, judges may |
| Courts favor a form of custody known as joint legal | | | | not consider a history of violence to be reason to |
| custody. This means that both parents are able to | | | | deny legal custody if the children were not affected by |
| jointly make decisions on behalf of the child. The other | | | | the violence. |
| type of joint custody is joint physical custody which | | | | If your ex does not see the children, you may be able |
| involves the child living half of the time with one parent | | | | to get full custody. Often, exes appear out of nowhere |
| and half of the time with the other parent. The main | | | | when they find out about the court action. If the ex |
| reason why courts usually award joint legal custody is | | | | says that he or she wants to remain involved, it's not |
| due to the presumption that both parents should be | | | | likely that legal custody will be granted to the other |
| involved in the child's life. Noncustodial parents who get | | | | parent. |
| to parent their children tend to remain more involved | | | | Consider what going for sole custody is going to cost |
| that those that do not have joint legal custody. | | | | you. Financially, the bills could easily run into the |
| Before a court will grant sole custody, there needs to | | | | five-figure range. The stress of a prolonged court fight |
| be evidence that the other parent is unfit. Usually the | | | | is extreme and could permanently damage your health. |
| noncustodial parent is granted visitation, and there are | | | | Your children may be put in the middle and used as |
| requirements for the other parent to provide | | | | pawns to spy on you and perpetuate the ex's agenda. |
| information on the child's life such as education, medical | | | | You may even be threatened or harmed physically by |
| and religious concerns. Unless the other parent does | | | | the ex or one of his or her friends. Kidnapping or other |
| not want to remain involved with the child, it is quite | | | | harm to the children beyond emotional abuse could |
| hard to convince a court to not allow a parent to see | | | | take place. |
| his or her child, even if there has been documented | | | | Joint legal custody does not necessarily mean that you |
| abuse to the child. A parent who is found to be unfit | | | | will have to tolerate your ex's antics. Sometimes, |
| may be granted supervised visitation and given a court | | | | decision making is split between the parents by |
| order to attend a treatment program with the eventual | | | | category so both parents don't have to agree on any |
| goal of increasing visitation and parental participation if | | | | courses of action. A parenting coordinator could be |
| the parent complies with the court's orders. | | | | assigned to your case to serve as a mediator, so you |
| No custody case is ironclad. The court will base the | | | | don't have to directly confront your ex. |
| custody decision on the best interests of the children. | | | | Before starting a custody battle, consider your options |
| Unfortunately, the judge may not see the situation as | | | | carefully. Discuss your chances of winning with your |
| you do. | | | | attorney along with what options would be available |
| Certain situations will make an award of sole legal | | | | for helping you share legal custody with the other |
| custody more likely, though not guaranteed. Child | | | | parent without major harm to you. You may decide a |
| abuse or neglect is a possible case where the judge is | | | | custody fight is not worth the potential ramifications. |
| more likely to make a full custody award. Since the | | | | |