If going through a divorce was not difficult enough and you find yourself at the beginning of a custody dispute, you understand the stress and emotional toll it can have on you. Hiring an experienced family law attorney is important to help you find your footing through both the divorce and your custody case. Unless there is a reason otherwise, courts want to maintain the rights of both parents. Sharing custody will allow both parents to have access to their child. 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.
What is the difference between sole and shared custody?
Shared custody is always the goal during a custody dispute unless one parent can prove that the other is unfit as a parent. This can only be proven with well-established documented evidence. But if both parents are fit to have custody, a shared arrangement gives both parents relatively equal physical custody and legal custody.
Legal custody refers to who has a say over big decisions made during a child’s upbringing. Most notably are the medical decisions, religious teachings, and possible school options. Physical custody means who the child lives with and how often they live there.
Not all shared arrangements are perfectly equal. It is during the custody case that all the details of custody are decided and written out so both parents know where they stand. There are several shared custody arrangements that can be created for your situation. Every case will have its own specific plan drawn up.
If you have concluded that the best interest of the child is to be solely in your custody, you will have the burden to show the court why you feel that your child’s other parent should be awarded joint custody. 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 such as revenge for a painful divorce or high emotions, it will be evident in the court.
If you are seeking any type of custody other than joint it is important to keep a good record of any interactions that have a paper trail such as:
- Phone logs
Anything concerning visits, pick-ups, and meetings that can prove or at least provide evidence of your ex not being reliable can be helpful if you are seeking sole custody.
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.