Sole Custody Agreements —Proving Your Case

So many people go into family court trying to get sole custody of their children that it has made it very hard for people with legitimate reasons for doing so to get sole custody.

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People file for sole custody for various reasons. Some people just want to hurt their ex. Other people are looking to either get more child support or to get out of paying child support. Some people do it because they can’t bear to be without their child and are afraid the other parent isn’t going to take care of them as well as they do.

Judges see this day in and day out. They hear so many false claims that it makes it hard to decipher fact from fiction.

The most important reason for seeking sole custody is to protect your child from the other parent. Children should be protected from parents that have harmed them or have the potential to cause them harm.

You should file for sole custody if the other parent has committed physical or sexual abuse against your child or any other child. Other reasons for filing for custody include child neglect, incapacitating mental illness, substance abuse, abandonment, criminal activity that affects the safety and well-being of the child, domestic violence, and the threat of parental abduction.

Proving that the other parent is harmful or unfit is easier said than done.  It is not likely that the other parent is going to sign off on a sole custody agreement. You will need evidence to back up your claims.

Your word against the other parent’s is not going to be enough. Your mother or your friend standing up in court, testifying against your ex, may be compelling but it is not going to be enough. If you can get the other parent’s family member to testify on your child’s behalf, it would make a substantial impression on the court, but you shouldn’t rely on them to do so.

You will need to provide solid evidence to the court that the other parent has harmed the child or is a danger to the child in order to get sole custody. Your evidence should show proof of wrongdoing. Medical reports, police reports, and photographs are compelling evidence.

If you know or suspect your ex has been doing drugs, ask the court for drug testing. A failed drug test is a condemning piece of evidence.

Save all threatening texts, emails, and voicemails. Your ex may be perfectly calm in court, but the voicemail he or she left you threatening to hurt you and take your child will prove otherwise.

Keep track of how often the other parent sees the child.  If there are long absences between visits, keep an accurate log to show the judge. One way to prove your log is accurate is to suggest that the other parent provide even one photograph of your child taken on a day he or she falsely claims to have visited the child.  Digital photos have a date details within the properties of the photo. Abandoning the child for long periods of time is not good for the child.

You should prepare yourself to accept the fact that even if you are granted sole custody, the other parent will more than likely be granted some form of visitation. Only the very worst offenders have their visitation rights taken away. You should be prepared to create and follow a visitation schedule. You can push for supervised visitation if you feel it is necessary.

The judge will make his or her decision based on what he or she feels is best for your child. Proving your case is the best way to ensure your child is protected. It may be a long battle but it will be worth it in the end if you get the results your child needs.

Custody X Change is software that creates professional parenting plan documents and parenting schedules.

Make Your Schedule and Plan Now

Custody X Change is software that creates professional parenting plan documents and parenting schedules.

Make Your Plan