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Fighting for sole custody of your child

On Behalf of | Apr 23, 2024 | Child Custody

Divorce proceedings may be quite emotional and they can become much more upsetting when there is a custody issue involved. For example, you may be planning to file for sole custody of your child but you are concerned about how your soon-to-be ex-spouse will react. They tend to lose their temper easily.

You want to make the best decision for your child, but you may be unsure how to proceed, particularly because courts prefer to maintain contact between a child and both parents. However, if you believe that your soon-to-be ex-spouse is unfit to parent your child due to illness, addiction, anger management issues or any other reason, you may be in a strong position to fight for sole custody.

Gathering evidence to support your claim

Certain types of evidence can be used in child custody cases. They include:

  • Any type of media, such as images, audio files, texts, or voicemails that show your ex-spouse behaving strangely or inappropriately.
  • Records of drug arrests, DUIs, or DWIs serve as evidence of their addiction struggles.
  • Documentation of domestic violence, such as photos, witness statements, police reports and medical records can be used to demonstrate that you and your child have been victims of abuse.
  • Medical records and sworn testimony from doctors and nurses can demonstrate that your ex-spouse is physically unable to provide adequate care for your child as a result of their disability or illness.

If you are in a situation where you need to prove that your child’s other parent is not providing a suitable living environment for your child, there are certain things you can do. One option is to gather evidence of any abuse, whether it be sexual, emotional, psychological or physical. Neglect is another issue that can be classified as emotional, physical, medical or educational. If there is a history of Child Protective Services visits, this will raise serious concerns for the court.

When petitioning for sole custody, it is important to seek guidance to help you with your case, given the complexities of this situation and all that is at stake.


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