Katie L. Lewis, P.C. Family Law

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Katie L. Lewis, P.C. Family Law

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Should I try to get sole custody?

| Mar 5, 2021 | Child Custody |

Particularly if you and your ex-spouse do not have the best relationship, you may be thinking about the benefits of sole custody. It is likely that there is some level of conflict present between you and your ex-spouse at this time, and the thought of continuing to co-parent with him or her might seem overwhelming.

However, in the majority of family situations where addiction or abuse are not involved, trying to seek sole custody is rarely a good idea. Trying to do so will almost certainly cause you to lose a lot of legal control over divorce provisions, and it could end up backfiring against you in the eyes of the judge.

What control will I lose?

It is almost a certainty that if you make a petition for sole custody that your divorce will end up in court. It is possible that your divorce will be in court regardless, but generally it is a smarter gambit to try and approach divorce collaboratively.

You and your ex-spouse know your family situation better than any impartial judge. If you hand over the decision-making powers to the judge, you will lose a lot of control when it comes to planning your post-divorce life. In most cases, it is preferable to avoid this.

How could it backfire?

Again, if there is no presence of addiction or abuse in the household, seeking sole custody will potentially make you look bad to the judge. This is because co-parenting is usually in the best interest of the child. Trying to seek sole custody despite this can make you seem uncaring about the needs of your child. In turn, this may make the judge less sympathetic to you.