I’m a frustrated parent. I wish to have sole custody over my son. I cannot trust my ex to take care of him even for a second. Is there a way I can prove to the courts that I’m able to take care of him without involving my ex? Thanksfrom a concerned member
First, there’s a difference between sole physical custody and sole legal custody. The former means you keep the child, but the other parent has some rights over decisions concerning the child. Having sole legal rights means you have all rights over the child.
If you want to prove to be the better parent and get sole physical custody, you have to show that you can take care of the kid’s physical and psychological well being. Don’t focus on what your ex did or didn’t do but instead focus on proving that you can fulfill these duties adequately and solely.
A judge can ask you a simple question like “will the kid’s everyday life change dramatically?” if your answer is no, then you’re on the right path towards getting sole custody. However, you’ll have to explain this in detail to convince the judge.
You can also use these to show you’re the better parent:
Witnesses like teachers, friends, and family members who can attest to you being the primary caregiver.
Have evidence like a letter, emails, or documents like report cards showing better grades while the kid stayed with you.
If the court fails to prove that one parent is better, it will award joint custody. It isn’t necessarily a bad thing as it caters to the child’s best interests – courts actually prefer this outcome. If this happens, agree on a proper parenting plan. If your ex still doesn’t live up to his/her end of the agreement, consider going back to court for child custody modification.