Abney Law Office, LLC

Should divorcing mothers fight for sole custody?

Are you a mother going through the divorce process? Are you concerned about what this will mean to your child's future? Are you ready to clear the air?

It's natural to have some concerns and questions. Not only do you need to think about the future well being of your child, but you also have to focus on your own personal situation. This means a closer look at child custody.

In most cases, the court will decide on joint (shared) custody. This gives both parents the right to make key decisions regarding the child's upbringing, such as those related to education and health care.

Even so, you may have reason to believe that sole custody is the right type of arrangement. Of course, it's up to you to convince the court that this type of custody would be in the best interest of your child.

Sole custody is usually awarded when one parent is unfit to raise the child. An example of this would be a case in which the father has a long history of drug or alcohol abuse. In this case, the court may agree that the father should not share custody of the child with the mother.

What about visitation?

Although the court may award sole custody, it doesn't mean that the father is out of the child's life completely. In many cases, he will receive visitation rights. This gives the father the opportunity to remain part of the child's life, despite the fact that he does not share custody.

Top benefit of sole custody

In addition to protecting your child, there is one primary benefit of sole custody: You are not required by law to consult with the child's father when making decisions.

Instead, you are the only person in charge of the child, which means you're responsible for everything from child care to education to health care (among other important details).

Remember this: The court is going to do whatever is in the best interest of your child. This could mean joint or sole custody.

If you think that sole custody is the right arrangement, formulate a plan for conveying your thoughts to the judge. This will help improve (but not guarantee) the likelihood of receiving sole custody.

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Abney Law Office, LLC
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