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Obtaining Sole Custody
In divorce cases that involve children, two different types of custody can be granted: joint or sole custody. Through my experience as a divorce lawyer in Chicago, I have seen that the majority of cases settle with a joint parenting agreement. However, I recognize the importance of my clients understanding all custody options so that they can make informed decisions.
What is sole legal custody?
Oftentimes, people think that if a parent has sole custody of a child, this means that the child lives with that parent the majority of the time. While a parent with sole custody can be the one with whom the child lives, as commonly is the case, sole legal custody actually refers to who has the right to make the major decisions in a child’s life. Conversely, some people believe that an award of joint custody results in a 50/50 division of parenting time; however, this is not the case. The decisions that are granted with sole custody can range from which doctors the child sees and what treatments they are allowed to receive to the child’s religious and educational upbringing.
When should you try to obtain sole custody?
The process of fighting for sole custody is a difficult, time-consuming and expensive endeavor. Considering the toll that the process takes on all parties involved, including the children, you should ensure that you want sole custody for the right reasons before heading into the battle. The following are some legitimate reasons that may make obtaining sole custody a worthwhile undertaking:
- Parents with different mindsets
If the two parents have completely different views regarding the decisions that will need to be made in their child’s upbringing, parenting can become challenging. When the process of the parents reaching a consensus becomes nearly impossible, so does parenting.
- Parents that are not involved
If a parent has not historically been involved and doesn’t attempt to be involved in his or her child’s life, sole custody may be the right option.
- Parents that make poor decisions
If a parent frequently makes poor decisions for himself or herself or the child, that parent may not be the best influence on the child. Additionally, if one parent often procrastinates making decisions for the child, sole custody could be considered.
How is the decision regarding sole custody made?
In custody cases, the best interest of the child is always the priority. Since this is a very open-ended standard, much of the decision relies on the circumstances of the individual case. Typically, judges will consider which parent has been making decisions for the child. For example, who sets up the child’s doctor appointments? Which parent is in charge of taking the child to these appointments? Also, if the decisions were made unilaterally or not is taken into consideration.
How can I help you obtain sole custody?
As a lawyer, my job is to increase the likelihood of achieving the results my clients are looking for. I develop the facts and find the evidence to prove my clients’ cases. I know how to find and work with the right people for each individual case. For example, if I had a case dealing with certain mental health issues, I would find a mental health professional that was familiar with these particular aspects of the case. In addition, I help clients identify the pros and cons of a custody battle. The decision should include an analysis of whether the costs of legal fees and experts are justified and what the expected emotional toll will be on the parents and children involved.
If you have any question about divorce or custody, please contact me.
The post Fighting for Sole Custody: When is it Worth The Battle? appeared first on Michael C. Craven | Divorce Lawyers Chicago.