Should you always try to get sole custody of your child following your separation from their other parent? In many bitter divorce battles, the typical answer is yes. But is this really the right thing to do?
Here are some things you should consider:
Does your child have a choice?
They should, actually. But when they are minors, legal professional Mt. Nebo Law explains that children mostly have to listen to what they are told, even in a hearing on child custody in Springville. But if the child is old enough to choose, and they have a good relationship with both parents, then they would probably rather have time with the both of them. You could be taking away an opportunity for your child to mature in a normal environment notwithstanding your divorce.
What does the court think?
It varies in every court, of course, but most judges would rather grant joint or shared custody than deny one parent the right to be with their child. The circumstances are not always the same, but a child always has the right to live in a safe environment that’s fair and loving. If both parents can provide that, it’s better to grant them joint custody.
Which is easier?
Again, circumstances vary, but most lawyers will tell you that fighting for sole custody carries with it a much heavier burden of proof. You can’t go around telling people in and outside the courtroom how awful your ex-spouse is with you and the kids. That will work against you in court and in the eyes of many, especially if they know it’s not true.
Always put your child’s best interests in front of your own. Whatever you feel about your ex, always take into account what your child feels. What’s best for your child is what judges are after.