why did my lawyer file for sole custody instead of full custody

The clearest reason to ask for sole custody is to protect your child from physical harm, especially if the other parent has a history of any of the following issues: ABUSE: If a parent has assaulted or sexually abused the other parent or any child, this presents an obvious danger to their child.

Full Answer

Why would I want sole custody of my child?

The clearest reason to ask for sole custody is to protect your child from physical harm, especially if the other parent has a history of any of the following issues: ABUSE: If a parent has assaulted or sexually abused the other parent or any child, this presents an obvious danger to their child.

What is the difference between sole custody and full custody?

Mar 20, 2018 · The realistic outcome for people that want what they call full custody/sole custody is that the other parents responsibility and or time sharing is limited in certain ways. You can get sole parental responsibility and limited or supervised time sharing in Florida in rare situations in Florida but you cannot get sole custody in Florida.

What do clients want when they talk about sole custody?

If a parent is awarded sole custody of a child it means that they get physical and legal rights over the child. This means they are in charge of all of the important decision making that pertains to the child. These decisions include: schooling; religion; and medical care; Sole custody also means that the child lives with the parent that is awarded custody to. This parent has the right to move …

How can I get sole custody of my child without trial?

Sole custody isn't always sole custody. Many parents seek sole custody assuming it means only they will have contact with their children. Often, that isn't how it works. Shane Neilson from Family Law Group LLP explains that in California, "It is highly unlikely that a parent will not get a reasonable amount of time with their child/children. In cases of substance abuse, regular …

What is the most common child custody arrangement?

The most common are sole custody, joint custody, and primary physical custody. Legal custody is also available. Grandparent and visitation custody is another a type of enforceable child custody agreement.Nov 16, 2020

What is malicious parent syndrome?

"Malicious parent syndrome" is when one parent seeks to punish the other parent by talking poorly about them and/or doing things to place the parent in a bad light, particularly in the eyes of their children.Aug 17, 2020

What are the 17 signs of parental alienation?

The 17 primary parental alienation strategies fall into five general categories: (1) poisonous messages to the child about the targeted parent in which he or she is portrayed as unloving, unsafe, and unavailable; (2) limiting contact and communication between the child and the targeted parent; (3) erasing and replacing ...

How do you tell if a parent is manipulating a child?

What are the Signs of a Manipulative Parent?Bad-mouthing the other parent in front of the kids.Enlisting the children to send messages or requests to the other parent.Lying to the kids to make the other parent look bad.Allowing family members and friends to trash talk the other parent in front of the kids.More items...•Jul 8, 2021

What Is Sole Parental Responsibility and Time Sharing?

Based on hundreds of cases and contact with many parents, we observe that clients want the following when they speak of getting sole parental respo...

A List of Realistic Outcomes

1. A restriction on overnight visits if there are extreme circumstances such as drug abuse, dangerous criminal activity, or questionable living qua...

Alternatives to Sole Custody

Negotiated Parenting Plan Within reason, parents can agree on a parenting plan that approximates the concept of sole custody and does not stray too...

Modification of Sole Custody Judgments

If there is a final judgment in place that provides a situation akin to sole custody, it is always in danger of a parent reopening the case for mod...

Termination of Parental Rights

Our law firm gets occasional requests to terminate the other parent’s parental rights. This can only be done in dependency court, is extremely tric...

Prioritizing Your Action List

For parents that want to get sole or full custody, the following is an important list of steps to take: 1. Meet with a custody attorney to clarify...

Bottom Line on Full Custody / Sole Custody

The Florida courts may not actively encourage your goal to have sole custody. And the statutes have eliminated or obscured the concept. But a lot o...

What is sole custody?

The ability to make one-side decisions on most major issues. The decision-making authority to determine when or where the other parent will see their child. Some parents believe sole custody is akin to the concept of completely terminating the other parent’s rights.

What is dependency court?

Dependency Court is a parallel legal process that has its own unique court. Dependency Court exists in every Florida County. This is the court where custody issues are decided when children are removed from parents who have been deemed to have abused abandoned or neglected their child or children. More often than not Child Protective Services is involved. Dependency Courts move quickly and decisively in child safety matters to remove the child and slowly and methodically to place the child back with the parent. Generally parents have to comply with completing a case plan which includes many classes and criteria before even lengthy visits with your child resumes. Even though the Florida statutes governing dependency court do not reference “sole custody,” the concept is well-used and alive. Dependency courts award sole custody on a frequent basis and is generally the most common place where the concept of sole custody in which the other parent is completely cut off is seen.

What is time sharing in Florida?

Time sharing is the time that you are with the child. This used to be considered visitation.

Can you cut off your child in Florida?

The Florida courts will not allow a complete “cut off” of the other parents right to see their child, have overnights with their child, or have a relationship with their child or to make decisions regarding the child. What the courts WILL DO is implement common sense provisions to protect a child.

Can a court terminate parental rights?

A family law court will not normally terminate the parental rights of a parent. Under normal circumstances, a parent cannot consent to termination of their rights unless in the case of a step parent adoption and even then it is very difficult and you have to prove abandonment or possible harm to the child.

Is sole custody still used in Florida?

Sole custody is a term. no longer used in Florida since 2011. Attorneys who have been practicing for a very long time still call it custody and essentially it is the same thing. You will need a good custody attorney , one that believes in you and a compelling story.

What does it mean to have sole custody of a child?

Sole Custody is Physical and Legal Custody. If a parent is awarded sole custody of a child it means that they get physical and legal rights over the child. This means they are in charge of all of the important decision making that pertains to the child. These decisions include: Sole custody also means that the child lives with the parent ...

What is sole guardianship?

Sole guardianship gives the awarded party full rights to make decisions concerning the child without consulting the other parent first. A father with sole custody can relocate with the kids without seeking the approval of the children's mother. Book My Consultation.

Can a parent give custody of a child?

Unless the child is in danger by being with a parent the court is less likely to grant sole physical and legal custody to one parent.

What is child neglect?

child abuse. child neglect. they may be deemed an unfit parent by the court. In that situation, the court is more likely to grant sole physical custody to the parent that is more fit to provide adequate care for the child.

Can a parent with sole custody have visitation rights?

This parent has the right to move the child without the approval of the other parent. Although the parent with sole custody has decision-making rights they can not deny the visitation rights of the other parent. Depending on what state you live in, in this situation, the parent without custody has visitation or “parenting time” with ...

It's all in the details

Before you start down the potentially lengthy and costly path of pursuing sole custody, consider your motives. If revenge is a primary driver, take a moment to think about whether that's a valid reason to keep your kids away from their father or mother.

Don't give strangers all the power

When you fight for sole custody, you will most likely need to go through a trial. While you might consider this a good idea, you should think twice.

It might backfire

You have your attorney, and you have your plan. You think you're all set to get sole physical custody.

Sole custody isn't always sole custody

Many parents seek sole custody assuming it means only they will have contact with their children. Often, that isn't how it works.

Save your money

While most family courts in the U.S. are willing to work out a co-parenting arrangement in a timely fashion, when a parent pushes for sole custody, it's an entirely different timeline.

Are you ready to explain it to your children?

You may have a problem with your ex, but your children may not. Even if you manage to convince a family court that you should have sole custody, it might end up causing more trouble than it was worth.

How to file for custody without a lawyer?

You may face some setbacks along the way. Contact your local legal aid organization for support and referrals to resources. Be open to reassessing your decision to work without a lawyer.

How to file for child custody pro se?

Filing for child custody pro se requires research and planning. Parents who head into court solo should be prepared to pay close attention to detail, maintain meticulous paperwork, and understand the laws related to their case. Consider your bandwidth as you evaluate whether going through this process without the assistance of a lawyer is right for you.

What documents are needed for a child custody case?

Documents you'll likely need include: 1 Proof of paternity or legal parentage 7 2 Child's birth certificate 3 Any existing orders related to the child

What does "pro se" mean in legal terms?

Pro se is Latin for "on one's own behalf.". In legal terms, filing for child custody "pro se" means filing on behalf of yourself without the help of a lawyer. 1 Between 2000 and 2019, 25% of civil cases in the U.S. were filed pro se. 2. There are benefits and downsides to filing pro se. For parents who want to file for child custody ...

What is legal aid?

Legal aid organizations offer free legal advice and representation to low-income individuals. 3 They can be a great resource and may be able to give you further direction before going to court. If you decide to go ahead with representing yourself, give careful thought to all of your child custody options.

How to file pro se in a child's court?

Begin by contacting the family court clerk to obtain the proper paperwork. Typically, the court with which you must file will be located in the county where your child has lived for the past six months. 6 Be sure to inform the clerk that you are filing pro se so that you access the correct forms.

What is the relationship between a child and a parent?

The living accommodations a parent is able to provide. The relationship between a child and a parent. This is tedious, time-consuming work, but understanding the child custody laws in your state will have a huge impact on your ability to represent yourself well.

What is full custody?

Getting Full Custody. Full custody is also referred to as sole custody. In a full custody arrangement, one parent is the custodial parent, while the other parent is generally granted generous visitation rights as determined by the court. A court will generally agree to grant the non-custodial parent visitation rights unless visitation does not ...

Who is Emily Swaim?

Emily is a fact checker, editor, and writer who has expertise in psychology, health and lifestyle content. Learn about our editorial process. Emily Swaim. on June 30, 2021. Images By Tang Ming Tung / Getty Images. Parents seeking to win full custody of a child during a custody battle should be prepared for what may prove to be a challenging fight.

Who is Debrina Washington?

How to Win Full Custody of Your Child. Debrina Washington is a New York-based family law attorney and writer , who runs her own virtual practice to assist single parents with legal issues. Emily is a fact checker, editor, and writer who has expertise in psychology, health and lifestyle content.

Can you get full custody of a child?

Parents seeking to win full custody of a child during a custody battle should be prepared for what may prove to be a challenging fight. Full custody differs from joint custody in that a full custody arrangement grants legal and physical custody to one parent as opposed to both parents. Before you decide to pursue full custody, however, ...

When is full custody granted?

Full custody may be granted to the primary custodial parent when the following situations occur: One parent has become ill, disabled, or otherwise incapacitated; The court has determined that the other parent is considered unfit to raise a child; The other parent has been incarcerated or has a negative criminal record; and/or.

Why do courts favor joint custody?

Courts will typically favor a joint custody arrangement because it is generally in the child’s best interests for both parents to remain involved in all aspects of their child’s life. However, some common limitations on joint custody include: Reasonable time with each parent is not otherwise attainable.

What is child custody?

The legal term child custody refers to the legal and practical relationship between a child and a parent or guardian, and is generally determined in the event of a divorce or legal separation. State laws regarding child custody and how it is determined vary by jurisdiction, although the main standard for child custody decisions is ...

What are the two types of custody?

Though there are different types of child custody arrangements, there are two major types that the court will generally consider: full custody, and joint custody .

When is joint custody awarded?

Joint custody is most commonly awarded when both parents are able to assume some degree of child raising responsibility, and are able to cooperate with each other while maintaining communication as directed by the court.

How long can a parent spend with their child?

Joint custody and shared custody are often compared to each other. Under shared custody, parents may alternate weeks spent with the child.

What is legal custody?

As you pursue this part of your divorce, you should know about two types of custody: : Legal custody gives the custodial parent the right to make decisions that surround the child’s well-being or welfare.

How do parents get custody of their children?

How Does a Parent Get Full Custody? 1 The ability of each parent to fulfill their child-rearing duties 2 The ages of the kids involved 3 The children’s safety 4 Consistent, constructive routines 5 The ways their lives will be impacted if the existing routine is altered

Why do parents make false allegations?

Some parents make false allegations as a way to win a custody battle. This type of deception could result in Child Protective Services getting involved, which could actually work against you.

How to win custody of a child?

In order to win full custody, you must focus on the best interest of the children. The judge presiding over your case will take a look at many different things, including: The ability of each parent to fulfill their child-rearing duties. The ages of the kids involved. The children’s safety.

What does the judge assess in a courtroom?

The judge will assess your credibility as a parent, a witness, and a member of the courtroom. The legal teams of both spouses are trained and skilled at determining your character.

What does a judge examine in a home?

The judge will also examine what each parent has planned for the children. To determine which home is the most stable, they examine the residences of each parent. They are trying to find out if there are any reasons why a home would be inappropriate or unsafe.

How is custody determined?

The law governing custody arrangements is determined by the law of the state in which you live. Therefore, your first step should be to understand the law relating to custody for your particular state, which will outline the factors courts are allowed to consider when making custody decisions.

What happens when you get divorced and you have children?

When you and your partner get divorced or separated and minor children are present, the relevant court will decide who gets custody of the children. Custody may be joint (shared by both parents) or sole custody, where only one parent has custody of the children and the other parent has visitation rights with the children.

How to prepare witnesses for a trial?

Prepare your witnesses. Come up with a list of questions that you (or your lawyer) will ask each of your witnesses and go over the answers with them. Make sure they are able to answer the questions in a way that casts a favorable light on you without sounding vindictive, rehearsed, or as if they are taking sides.

Is this article a substitute for legal advice?

This article, while informative, is not a substitute for legal advice. You should consult with a licensed attorney with relevant family-law experience being doing anything that may affect your legal rights and obligations.

Can you get joint custody of a child?

Generally, courts prefer awarding joint custody to parents involved in custody disputes to uphold a public policy of frequent and regular contact between a child and both parents. If you are seeking sole custody, you must show that any other custody arrangement would be harmful to the child in some way.

How to file for full custody of a child?

To file for full custody, complete the court-required forms, including what’s called a request for order form. You’ll need to seek both legal and physical custody of your children, because legal custody gives you the decision-making authority, while physical custody ensures your children can reside with you.

What is full custody?

Having both decision-making and residential rights is often referred to as "full custody.". If you are a parent attempting to obtain full custody of your child, you will have to open a family law case, petition the court for full custody, and come to an agreement with the other parent or go to court.

What is a domestic violence restraining order?

Domestic violence restraining orders, which you will file if you have been the victim of domestic violence; Petitions for custody and support of minor children, which you will file if you and the other parent do not want to get a divorce, but you want to set up a custody arrangement for other reasons; or.

How to get to court early for a trial?

Arrive on time. When your trial date arrives, get to the courthouse early. You will be required to go through a security checkpoint, which will look and feel a lot like airport security. Once you get through security, go to your courtroom and wait until your case is called.

What is a parentage case?

Parentage cases, which are filed when parents are not married but have children together; Domestic violence restraining orders; Petitions for custody and support of minor children, which can also be filed when you and the other parent were never married at all; and. Child support agency cases. ...

What is the purpose of cross-examination?

The purpose of cross-examination is to either discredit the witness or to minimize the testimony by showing that the witness is biased or lacking in sufficient knowledge to testify about the matter. You can impeach a witness with a prior inconsistent statement.

Do you have to pay a fee to file a court case?

The clerk of courts will take possession of your forms and will require you to pay a filing fee. Fees will differ from state to state, and even county to county. If you cannot afford the fee, you can always ask for a fee waiver. In order to receive a fee waiver, you will need to show some sort of financial hardship.