Should You Try to Win Sole Custody?

Reaching a divorce agreement can be a difficult and contentious process, especially if there are children involved and a couple cannot agree on matters related to custody. While you may desire sole custody of your child after a divorce, the emotional and financial costs associated with the struggle may not always be worth it in the end.

Courts tend to favor joint custody agreements due to the fact that they believe that both parents should continue to be involved in a child’s life after a divorce. In order for sole custody to be awarded, there must be clear evidence that the other parent is not fit to make parenting decisions effectively, and that it is in the child’s best interests to be raised by only one of his or her parents.

Circumstances in Which Sole Custody is Possible

There are a few conditions under which a judge will consider a parent to be unfit and potentially award sole custody to the other parent, such as the following:

• Sexual or Physical Abuse. Compelling evidence of abuse is required before a judge will rule for sole custody, as some parents may falsely accuse their spouse of abuse in an attempt to receive sole custody.
• Incarceration. If a parent is in prison, especially for a long sentence, sole custody may be possible.
• Substance Abuse or Mental Health Issues. Again, substantial proof is necessary for a favorable ruling.
• Domestic Violence History. While the court is considering the interests of the child, and not the divorcing spouse, a clear history of domestic violence is sometimes enough for sole custody to be granted.

Without any of the above conditions a judge will almost always end up ruling in favor of joint custody, and even an abusive parent may be awarded joint custody without skillful and experienced legal representation handling your case.

Contact Us

If you are fighting for custody of your child or children, a knowledgeable attorney is an invaluable asset during this difficult process. Call an Austin custody attorney with Slater, Kennon & Pugh LLP today at 512-472-2431 and schedule an initial consultation.