What Is Sole Custody: Pros, Cons & How to Get Sole Custody

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What is sole custody?

In today’s society, one of the most important decisions a parent can make is who will have legal custody of their children. 

So what is sole custody or what is sole physical custody?

Sole legal custody is the term used to describe who has decision-making authority over a child in legal matters, such as education, medical care, and religion. “Sole” custody means the parent has sole legal custody[1] and the other parent only has visitation rights.

5 benefits of sole custody

Now that you have understood whatis sole custody, know that there are many benefits to having sole custody of one’s child, and it is an option that should be considered by parents if they feel it is in the child’s best interest. 

Here are five of the most significant benefits of primary physical custody:

1. Children benefit[1] from having active relationships with both parents. Even in cases where one parent has been abusive or neglectful, it is still important that the child continue to have a relationship with the other parent. Studies have shown that children do better academically and psychologically when they have positive relationships with both of their parents.
2. Children who have been in neglectful or abusive[2] relationships with their parents are at high risk for a variety of emotional and behavioral problems. Therefore, it is important that the child have at least one healthy relationship with a parent who is able to provide the kind of care and nurturing that is necessary to promote growth and development.
3. Shared custody has many benefits for children, especially for young children who are still learning to form and maintain relationships. Shared custody allows the children to maintain relationships with both parents and provides them with stability in their day-to-day life. However, it is also important for parents to carefully evaluate each situation and decide what is best for their child. Each family is different and it is important to do what is in the best interest of the child.
4. Many women find that shared custody allows them to continue to work and still be able to spend as much time with their children as possible. This is particularly important for women who are trying to balance a career with raising a family. Studies show that having a career and being able to raise a child are both challenging but rewarding experiences.
5. Shared custody allows parents to have an active role in their children’s lives. It allows them to see firsthand how their children are developing and provides them an opportunity to be involved in the day-to-day activities in their lives.

Cons of getting sole legal custody of a child

There are several cons to obtaining sole legal custody of a child. 

– First and foremost, this can be an emotionally difficult decision to make. It can also create tension and conflict between the child’s parents, as each party may have different desires for their child’s future. 

As a result, the parents may struggle to work together to share custody and provide a healthy environment for the child. 

– If the parents’ relationship[1] is so strained that they cannot effectively communicate, the court may order sole legal custody. This can result in a custody battle between the two parents. 

– A custody battle is stressful and can be very damaging to the relationship between the parent and child. 

– It is also very expensive and time-consuming. Obtaining a sole legal custody arrangement can be very costly, as the parents are required to pay for the parent who does not have primary physical custody of the child.

– Another potential con to sole legal custody is that it gives one parent complete control of the child’s education and upbringing. A child with sole legal custody will not be living with the other parent for the majority of the time and will not be subject to the other parent’s authority. 

– This can be detrimental to the child’s overall emotional well-being and can lead to the development of poor parent-child relationships. It may also cause resentment in the child towards the other non-custodial parent, which will hinder their ability to maintain a loving relationship with both parents.

– If the child is older and has expressed a desire to live with the other parent full time, the parent with sole legal custody will have difficulty enforcing a court order that allows the child to live primarily with the other parent. 

They may therefore have to concede this point and agree to a more equal division of time in order for them to maintain their custodial rights. They may also be required to pay for expenses associated with the child spending time with the other parent. 

However, they may be able to negotiate alternative arrangements with the other spouse that do not require them to pay maintenance or support. 

Ultimately, having joint legal custody is a better alternative to sole legal custody because it allows both parents to maintain some degree of control over important decisions in their child’s life.

How to get sole custody of your kids

When parents divorce, it is often one or both parents who lose custody of their children. This can be a traumatic experience for the children and can have long-term effects on their development. In sole custody arrangement, one parent is granted full custody of the children, which effectively removes the other parent’s visitation rights.

Here’s how you can get sole custody of your child:

– Make sure you have a strong case by presenting strong evidence to the court. This can include things such as testimony from any witnesses, financial documents showing evidence of your ability to provide for your child, etc. You should hire a lawyer to represent you in court.

– You should also make sure you and your ex have a good relationship and that you are not acting spitefully towards your ex. This will not look good to the judge and could jeopardize your chances of getting sole custody.

– If you are struggling with high legal fees, consider seeking pro bono help from a non-profit legal organization such as Legal Aid or your local courthouse. 

-Try to be as patient as possible during this process. It can be a long and difficult process and you will have to be patient with your ex.

-If possible, try to resolve any issues with your ex without a third party.

In this video, from a perspective of an attorney and a psychologist, Paul Jenkins and Sid Unrau are here today to point out 5 mistakes that could stop you from winning your child custody battle: