Should you fight for sole custody of your child?

On Behalf of | Nov 1, 2023 | Child Custody

When you go through a divorce, you will remain focused on protecting the best interests of your child above all else. Parents naturally want to protect their children from unnecessary upheaval and strain, and this means that they want to ensure that they make decisions that will be beneficial and practical for their futures. Depending on the details of your individual situation, this may mean seeking sole legal custody of your kids.

Sole legal custody means that you will be able to make all decisions on behalf of your kids without seeking input from the other parent. Legal custody refers to the right that a parent has to make choices pertaining to important matters that affect the child, such as religious training, healthcare decisions and more. In many cases, divorced parents will share legal custody of their child, even if they do not share physical custody.

Petitioning the court for your desired outcome

When seeking sole legal custody of the children, it is important to remember that the courts will prioritize what is best for the kids. This means if you believe that retaining sole legal custody is in their interests, you will have to provide evidence that this would be the ideal decision. Courts may consider making this decision if you can provide evidence of the following:

  • The other parent is not capable of making smart decisions due to drug use, alcohol abuse, mental health or other reasons.
  • The other parent lives too far away or is facing circumstances that make it either impossible or impractical to confer with him or her on important decisions.
  • The other parent is absent from the life of the child and has not played an active role in the life of the child for an extended period.

While there can be benefits to retaining sole legal custody of your child, there may also be some drawbacks as well. Before you pursue this route, you may want to consider all aspects of this decision and its potential impact on your kids.

The future after divorce

When making decisions during your Oklahoma divorce and seeking specific outcomes, you may benefit from having experienced guidance at every step. There is a lot at stake for your children, and all decisions should be made with their immediate and long-term interests in mind. If you are unsure of whether sole legal custody is possible or beneficial, you may find it helpful to seek an assessment of your concerns and objectives.