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What does it take to get sole custody?

A child often benefits when both parents are involved in their life after divorce. But sometimes, certain factors may influence one parent to fight for sole custody. However, many parents are unsure of what sole custody consists of and the lengths they must go to in order to receive it.

 

Sole custody versus joint custody

In California, custody is comprised of both legal and physical custody. Legal custody involves the important lifestyle decision-making, whereas physical custody determines who the child will live with. Legal and physical custody can be shared between parents or awarded to a single parent.

When a parent has sole custody, they have full legal and physical custody of their child. They maintain the right and responsibility to care for their child and dictate the important life decisions involving the child’s health, education and welfare. In joint custody, the two parents share these responsibilities.

If sole custody is what you seek, you’ll have to prove that you are the parent who is most fit to raise your child.

A high threshold for getting sole custody

Getting sole custody can be difficult, but it isn’t impossible. Proving that you are more fit to raise your child than the other parent means proving it would be in your child’s best interests to remain exclusively in your care. You will have a better chance of getting sole custody if you can prove that:

  • The other parent is mentally unfit to care for your child
  • The other parent abuses or neglects your child
  • The other parent has issues such as substance abuse
  • The other parent is not financially stable enough to provide for your child
  • The other parent is financially irresponsible
  • The other parent’s home is unsafe for your child
  • The other parent’s home removes your child from their friends, school or job
  • The other parent has not put in the time to raise or care for your child

If sole custody is what you wish to fight for, don’t give up hope. Child custody cases can be complex and emotionally exhausting. You may benefit from the help and support of an experienced family law attorney. They can help you build a strong case and find the best possible outcome for your child.

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Law Office of Layla Summers
11755 Wilshire Boulevard
Suite 1250
Los Angeles, CA 90025

Phone: 424-276-0968
Phone: 424-276-0968
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