If you get a divorce, you may decide that you want sole custody of your children. It can sometimes be difficult to convince a judge that this is the right arrangement for your kids though. You are going to need some evidence and a carefully considered argument. It also couldn’t hurt if you got some help from our Dallas County child custody lawyers.
Are There Different Types of Sole Custody?
It’s first important to note that there are two types of sole custody that we are talking about here. There is sole physical custody, meaning that the child only stays with one parent. This allows the other parent to still have their opinion counted when important decisions for their child are being made, like what kind of healthcare they will receive and where they will go to school.
Sole legal custody gives one parent the right to make those decisions unilaterally. The opinion of the other parent does not matter, allowing the parent with sole custody to make decisions about education, healthcare, religion, and other important topics on their own.
Why Is It So Difficult to Get Sole Custody?
The issue here is that the court is going to assume that, in most cases, a child should have both parents involved in their life. When the court says that it’s prioritizing the best interests of the child in a custody argument, this is part of it. In theory, having the support of both parents should be the obvious better option for a child after a divorce.
This means that the burden of proof is going to be on you if you want to be the only custodial parent. You need to show a judge that this assumption that having both parents in their life will be beneficial for your child is incorrect. This is not easy.
How Can I Show That I Should Have Sole Custody?
You’re going to have to show that your former spouse is not a fit parent. You will need evidence that the kids will be better off if you have sole custody. You could use things like:
- Witness testimony about your ex’s behavior
- Police records
- Medical records
- Restraining orders
- Social media posts
- Testimony from a counselor, therapist, or doctor
- Texts, e-mails, and other communications between you and your spouse
- Photos or videos that show unfit behavior
Would I Still Get Child Support?
It’s also important to note that you can still receive child support even if you have sole custody. This is because the state generally wants both parents to contribute and help with the expenses of raising children. Even if someone does not have any kind of custody, they can be forced to make child support payments.
Meet With Our Legal Team
So if you are ready to argue for sole custody, contact Iowa Defenders, PLLC. We can schedule a consultation and tell you more about what our experienced lawyers can do to help you make a case. You don’t have to do this on your own.
