Under What Conditions Is Sole Custody Granted in Divorce Cases?

sole custody

Sole custody can be granted in some situations, but the burden of proof is going to be on you if you want to take away your ex’s custody rights. The court’s top priority is always going to be the well-being of your children, so you need to show that your ex having custody is not in their best interest. Our child custody attorneys in Bergen County, NJ may be able to help you build a stronger case.

What Does Sole Custody Mean?

When you get sole custody, you don’t just become the custodial parent. You also become the only parent who can make major decisions for their children. Normally, the parent with visitation rights also gets to weigh in on big decisions concerning matters like healthcare, education, and what religion the children are raised in. Now the buck stops with you.

Can My Ex Still Get Visitation Rights?

Speaking of visitation, it is possible for a parent to get visitation rights even when you have sole custody. Depending on the issues that caused you to push for sole custody, it could be supervised visitation sessions designed to prioritize the safety of your children over everything else.

Others, like grandparents, can also petition for visitation rights. It’s important to realize that sole custody does not necessarily mean that you are the only one who ever gets to spend time with your children.

How Can I Show That I Should Have Sole Custody?

In order to argue for sole custody, you have to show that the other parent should not be contributing to any major decisions about their children. Usually, you have to have evidence that your ex is:

  • Abusing drugs or alcohol
  • Has committed domestic violence
  • Has neglected or abandoned your children before
  • Suffers from mental illness

In some cases, you can also ask for sole custody due to incarceration or the relocation of your former spouse. If they move somewhere far away from their family, it makes sense that they would not be able to be consulted on every decision you make about the children.

How Can a Family Attorney Help Me?

A family attorney can help you make your case to the court in a convincing way. As we mentioned earlier, the burden of proof is on you. The court is not going to take away custody from your ex just because.

One of our lawyers can help you strengthen your argument by collecting evidence like police reports, medical records, and photos. We can talk to people who have witnessed behavior that makes your former spouse an unfit parent. We can also seek out the opinions of mental health professionals and doctors.

Schedule Your Consultation Today

When you are looking for a lawyer who can advocate for you and your children, contact Townsend, Tomaio & Newmark. We can schedule a free case evaluation and tell you more about what our experienced family lawyers can do to assist you.

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