Not all family situations are the same, so when you hear that courts may not prefer suing for sole legal custody, remember that it can still be the best course of action for you. If you are leaving an abusive relationship or believe your former partner presents a danger to your child, sole custody is the right choice. Read on to learn if you should seek sole custody of your child.
Abuse
As we mentioned, any normal pros and cons of seeking sole custody don’t matter if you’re leaving an abusive relationship. Whether you and your child experienced physical, emotional, or any other form of abuse—seek sole custody. This is one of the easiest decisions for a court to make, so work with a lawyer to gather airtight evidence against your former partner.
Benefits of Sole Custody
In less extreme situations, you may still want to consider sole custody. There are several reasons to seek it and a few to avoid it, so knowing all the possible outcomes helps.
If you and your spouse had a contentious (but not abusive) relationship, sole custody could still be a good choice, since it reduces the amount you’ll need to communicate with them. Additionally, if your former spouse is known to be unreliable, sole custody can make large life decisions for your child easier—when only one parent has custody, they get to make all the decisions. Finally, sole custody can reduce the confusion that some children feel when their parents have vastly different parenting styles.
Drawbacks of Sole Custody
Sole custody does have a few drawbacks you should consider, however. If the situation is not dire, ceding custody of a child can be devastating for the parent who loses the legal battle. For that reason, the decision itself can turn into a source of conflict and resentment.
Whether or not you decide to seek sole custody, divorce will be a trying time for your children. Consider helping them adjust by taking them to see a counselor, and maintain open, honest dialogue with them without sharing information they don’t need to know.
Now that you know whether you should seek sole custody of your child, speak with a lawyer and do what’s best for your son or daughter.
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