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Can you fight for sole custody?

If you're a parent going through divorce, one thing you may be worried about is obtaining custody. In most courts, judges want to see parents share custody. This is because it's healthier for children to see both parents. However, judges will allow for sole custody or unbalanced schedules if there is a significant reason for the arrangement.

If you want to obtain full custody, you'll need to show a few things including the physical needs of your child, your ex-husband or wife's negative influence on your children and show that the request is for the sake of your children. No judge wants to hear a parent disparage the other to obtain full custody when there is no reason, but a judge will be happy to hear you out if there is a problem due to abuse, drugs, alcohol or other serious concerns.

You may need to argue that you are the better parent if you're seeking sole custody. To prove this, you'll have to show why your ex isn't qualified to parent your children when you're not there. For example, if your ex-husband was abusive toward you and caused you injuries, this could show a judge that he is not stable enough to care for the children safely or without supervision.

You need to have solid reasons for seeking sole custody. Making unfounded claims won't help you, and it can even hurt your case. Your attorney can talk to you more about the options open to you for proving you're the parent who should maintain sole custody following your divorce.

Source: Trustify, "Top 5 Ways to Get Full Custody," accessed April 04, 2018

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