How to Fight for Sole Custody of a Minor

In divorce proceedings with children involved, the courts like to establish joint custody in which both parents actively participate in the child's upbringing and related decisions. While this may be the most pleasing option for the court, one parent may have very real concerns about the safety and welfare of the child while in the care of the other parent. Winning sole custody is a battle that requires the petitioner to make a valid case for it.

Instructions

1. Be certain that the fight for sole custody is for the benefit of the child and not a way of seeking revenge on the other parent. Make a list as to ways sole custody benefits the child.

2. The court rarely request or allows the testimony of a child in a custody battle. Accept the responsibility for verbalizing concerns on behalf of the child with specific evidence to support each concern.

3. Keep a log of activities and behaviors on the part of the other parent that demonstrate unfitness as a parent. Cite factual occurrences only and be prepared to provide supporting evidence.

4. Report to the representing attorney or to the court cases of abuse or neglect of the child. Cite situations in which the child was physically or emotionally harmed, left without proper care, left with an inappropriate caretaker or asked to take on the responsibilities of the adult.

5. Present any evidence of long absences without contact with the child, drug and/or alcohol abuse, drug- or alcohol-related arrests or arrests for violent behavior. Demonstrate why the child is not safe in the custody of the parent.

6. Sole custody does not preclude parental rights. The noncustodial parent is granted visitation by the courts and is encouraged with regard to involvement in the child's life.

7. Opt for joint custody, which may be easier to get in many cases, without the child splitting time between the two residences. Ask the court to order the child to live with the custodial parent full time, with visitation rights for the noncustodial parent.

Tips & Warnings

• Share only supportable facts with the court. Don't draw conclusions for the court; allow the judge to make his own conclusions based on solid evidence.