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Seeking sole custody of your children? Here’s what you need to know

On Behalf of | Oct 17, 2024 | Child Custody

Tackling custody issues can feel overwhelming, especially when you’re considering sole custody because of problems with your ex. In Florida, courts use the term “sole parental responsibility” instead of sole custody.

While judges usually prefer shared parenting, some situations call for one parent to have full decision-making power. Let’s explore what this means for you and your child.

Understanding sole parental responsibility

Sole parental responsibility gives you significant authority over your child’s upbringing. This arrangement differs from shared responsibility in several key ways:

  • You decide: You choose your child’s school, medical care and religious upbringing.
  • Time with both parents: Your ex might still have visitation, even if you have sole responsibility.
  • Court’s view: Judges only grant this when shared parenting would harm the child.

Florida puts your child’s needs first. Courts look at how well each parent cares for the child, provides a stable home and supports a relationship with the other parent.

When sole custody might be necessary

Certain circumstances may justify pursuing sole custody of your child. You might have valid reasons to ask for sole custody if your ex:

  • Has drug or alcohol problems that put your child at risk
  • Has been violent toward you or your child
  • Can’t parent well due to serious mental health issues
  • Has left the child or is in jail long-term
  • Tries to turn your child against you

To make your case, think about gathering proof like police reports, doctor’s notes, statements from witnesses and records of your ex’s behavior. You’ll need to file papers with the court, and you might go through mediation or hearings.

Asking for sole custody can be tough. You’ll need strong evidence, and it might create tension with your ex. Remember, courts only grant sole custody when it’s clearly best for the child. Talking to a family lawyer can help you understand your options and make the best choice for your family.

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