Lawyers Helping Families Sort Out Legal Matters

What you need to know about sole custody

Imagine this situation: You are a mother of a child who is going through the divorce process. While you have to make decisions that will better your life in the future, you also need to consider the well-being of your child.

For some mothers, this means fighting for sole custody. This is not the most common type of custody arrangement, but it's something to consider if you have reason to believe that your former husband shouldn't share custody. For example, you may feel this way because the person has a history of child abuse or drug addiction.

Here are some of the many things you need to know about sole custody:

  • Shared or joint custody is more common, but there are times when the court decides that sole custody is in the best interest of the child.
  • Sole custody is when one parent, such as the mother, receives exclusive legal and physical custody rights.
  • With sole custody, you are not required by law to consult with the other parent before making important decisions. Instead, you have the legal right to make all decisions, such as those associated with religion, education and health care.
  • Although you may receive sole custody, the court can still grant your ex-husband visitation rights. In many cases, visits must be supervised.
  • With sole custody, you don't necessarily have the ability to relocate without the court's permission. The reason for this is simple: It will make it more difficult for your ex-husband to visit with the child. If you want to relocate, you'll first need to receive the court's permission.

Once you decide to move forward with divorce, you need to start thinking about matters regarding child custody. By taking this step early on, it will become easier to make the right decisions in the days, weeks and months to come.

Remember this: The court will always do what is in the best interest of the child. So, even if your ex-husband believes that shared custody is the right solution, it doesn't necessarily mean the court will agree.

Since you want to do what's best for your child, it may be time to learn more about sole custody and how to present your case for this to the court.

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Mackoy, Hernandez and Qualls
9300 John Hickman Pkwy Suite 701
Frisco, TX 75035

Phone: 469-269-0134
Fax: 214-387-4910
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