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Is Getting Sole Custody of My Children a Difficult Process?

Is Getting Sole Custody of My Children a Difficult Process? | Warnock Family Law

Going through a child custody battle can be a very stressful and difficult situation. Not knowing what the courts will decide in terms of custody of your children is a very emotional process to go through. If you are seeking sole custody of your children, you need to be clear on why you feel this is what is best for their well-being.

Joint custody vs sole custody

In most cases, the judge deciding your child custody case will want there to be a joint custody agreement between parents. This arrangement gives both parents equal physical custody, which is how much time the children spend with each parent, and legal custody, meaning both parents will have an equal say in how the child is raised and when deciding on medical care if needed.

If for some reason, one parent will not be suitable for the children to spend equal time with, whether because of an abusive situation or even if the parent’s job takes them out of town often, being with the children 50% of the time is impossible, there are several shared custody arrangements that can be created for your particular situation. Such arrangements are:

  • Sole physical and shared legal custody can mean the children are only in the physical care of one parent but both parents make decisions for the children.
  • Shared physical custody and sole legal custody can be when the children spend time with both parents but only one parent can make decisions for the children.

If you think it is best for your children to only live with you and for you to make all decisions for your children, you are seeking sole custody in both physical and legal custody. You will have the burden of proof on you to show the court why you feel that you should have sole custody of your children. This can be a difficult process. Your only motivation must be for the well-being of your children. If there is anything else that may be causing you to want full custody of your children, it will be evident in the court. Keeping a good record of emails, texts, and even phone logs of interaction with your ex concerning visits, pick-ups, and meetings can provide evidence of your ex not being reliable. Talking with an experienced family lawyer will help you to sift through any hurt feelings you may have toward your ex, and decide what good examples of evidence you have that will help you win your custody case. Having both parents involved in the children’s lives is the absolute best scenario when custody is being sought. But if there is clear evidence that sole custody is what is best for your children, be sure you are prepared to prove this in court, as well as prove that you are reliable, trustworthy, and loving to your children. The best move toward winning a difficult sole custody case is to hire an experienced family law attorney who can hold your hand through the process. If you are in Las Vegas, call Warnock Family Law today.

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