How to Get Sole Custody in a Divorce

Sole custody is difficult at best to acquire. You must prove that your spouse is incapable of caring for the minor children. Generally, if your spouse has any problems that may be detrimental to the best interests of the minor child, and these problems are documented, you have a chance at sole custody.If you are going for sole custody, you should have an attorney. This is a difficult and expensive process.

Instructions

1. Call a meeting with your attorney. Explain to him that you would like sole custody. Include the reasons behind your wishes. Keep in mind, that this must be in the best interests of the minor child. Normally, it is in the best interests of the minor child to have constant contact with both parents. Sometimes, this just cannot happen. Your spouse my have severe psychological problems, he or she may have a drug problem, a severe drinking problem, or he or she may engage in activities that you think the child should not see.

2. File a motion for home study. In a home study, a professional will come out to your home and see how you keep your house, how you react with the minor child(ren), and how the minor child(ren) behave at your home. They will do the same thing for your spouse.

3. File a motion for a psychological evaluation. This is particularly useful if you think your spouse has severe psychological problems, if she or he has drinking or drug problems, or if he or she just does not have the capability to care for the minor child(ren).These tests are expensive, but in some cases are well worth the money. They can run upwards of $10,000.00 to complete all of the tests. Depending on your income and your spouse’s income, you may pay for the entire testing process, or you and your spouse may be ordered to split the costs.

4. Make sure your attorney requests a hearing as soon as possible. The Court will review the motions and any objections (if filed) and make a determination regarding the home study and/or psychological evaluations. If you can get your spouse to agree to these tests, you do not need a hearing. Your attorney will file a Stipulation for Home Study and Psychological Evaluation. Your attorney and your spouse’s attorney will then agree on the professionals to execute the tests. The professionals must be on the Court’s list of accepted professionals, as they may be called in to testify to their reports and recommendations. These motions are generally granted. Do not be surprised if you must pay for the entire battery of testing if your spouse does not make enough. On the other hand, if you do not make enough money to pay for the services, but your spouse makes quite a bit of money, the Court may order your spouse to pay for one hundred percent of the professional services and testing.

5. Be available for all appointments. Do not be late to your appointments. You are trying to make a good impression on these professionals. You are in a custody battle, and while you do not want to go so far as to project an image that is not you, you do need to project an accurate image of yourself and your interactions with the minor child(ren).

6. Document all of your meetings and conversations with all professionals. Also document the conversations with your attorney regarding this battery of testing. Make sure you request a copy of any reports generated by the professionals. At the very least, your attorney must allow you to read the reports in his office, and must go over the recommendations of the professional(s), so that you may help your attorney decide how to handle the situation.If it was recommended that you have sole custody, your attorney will need to set a hearing or get your spouse to sign a stipulation as to custody. If it was recommended that you continue sharing custody, your attorney will have to address that issue with you, and may want to revisit the strategies used in your case.

Tips & Warnings

• Please be advised that this writer is not an attorney, nor is the information in this article to be used or construed as legal advice. You should contact your attorney regarding issues as outlined above. This writer is not responsible for any actions or inactions on your part regarding any part of your case(s).