Is It Possible To Get Sole Custody Of My Child?

If you are going through a divorce, one of the most important decisions to be made revolves around your children.  Who will have physical custody?  Who will have legal custody and the ability to make important decisions about medical issues, education, and so forth?  Can you and your spouse work together in the best interests of the child, or is your relationship so strained that cooperation is out of the question?  Finally, is your ex unfit to parent at all?  If so, what are your options going forward?

Custody Determinations 

Under Florida law parents are typically expected to share time and responsibility equally, meaning they have equal weight in important decisions related to the child, and work toward an equitable time-sharing plan that allows each parent the same amount of time with a child if at all possible. This is considered to be to the benefit of the child’s emotional and mental well-being.  Unfortunately, it is not always possible due to the distance one parent may live from a child’s school or other factors.  In some instances, shared custody is not even desirable.

When is Sole Custody a Better Option? 

When a parent wishes to gain sole custody, they must be able to prove that the other parent cannot provide a safe environment for the child.  Denying or limiting custodial access to a child occurs only in very serious situations. Only then might one parent be awarded sole custody. From there the court must decide whether unencumbered visitation, supervised visitation, or no visitation at all is appropriate. Dangerous situations that might warrant sole custody include:

• Issues with substance abuse that make the ability to care for a child dubious;
• Mental health issues that might put the child at risk;
• Past or present instances of domestic violence involving your former spouse or someone they are living with that make the home unsafe;
• There is a demonstrable reason to believe the other parent will leave with the child;
• The other parent has not been a part of the child’s life for a significant time period and is only now seeking involvement.

Demonstrating You are a Good Parent 

In addition to proving that the other parent should not have physical custody or decision making powers over your child, it will be important to demonstrate that you, yourself, are up to the job of being a single parent.  How much time do you spend with your child, and is it quality time?  Does working outside the home force you to leave your child in someone else’s care for significant periods of time?  If so, what have you done to ensure that your child is in a healthy environment?  How clean and appropriate is your home?  These are all issues in which the court will take an interest.

Boca Raton Child Custody Lawyers Fight on Your Behalf 

If you are looking for an attorney who will represent your issues aggressively and knowledgeably in court, look no further than the experienced Boca Raton child custody attorneys at WiseLieberman.  We will handle any dispute with your interests at heart.  Contact our office for a confidential consultation today.

Resource:

flsenate.gov/Laws/Statutes/2012/741.29