When you are going through a divorce, they may be things that you know and understand that the courts do not at face value. Perhaps there was drug use or abuse involved in the relationship and, when children are also involved, this can pose many issues. So, in turn, you may be thinking about going for sole custody. However, there are two types of sole custody that you must first understand:
- Sole Physical Custody: This means that your child lives with you and strictly you. You will be responsible for the daily care of your child and the other parent, at maximum, may be granted visitation rights.
- Sole Legal Custody: This means that you make all the decisions for your child by yourself.
If you have sole custody, you probably have both physical and legal. In some cases, however, one parent will have sole custody and then both of them will share legal custody; in fact, this is seen in many situations where sole custody comes into play. This means that your child will live with you almost all the time, but you and your spouse will still make decisions in their life.
Does the Situation Call For It?
Really, abuse “drives the nail in the coffin” in a custody case. If you were violently abused by your ex-spouse, then obviously the court is going to heed caution when granting custody to said spouse; generally, there will be some type of visitation agreement that suits you and your family. Consider what you believe will be the safest outcome for your family after what you have been through. Often times, if there is an abuse case, you may be able to work out an agreement without the court or hiring an attorney because the abuser will sometimes make peace with the fact that they will not be able to get much in terms of custody. However, sometimes these same people may aggressively fight for control and, in that case, it is probably in your best interest to have an attorney on your side.
The statistics regarding domestic abuse and custody can be appalling, and sometimes frightening – but something that you should always be aware of. Unfortunately, children with a domestic abuser for a parent will continue to be exposed to domestic abuse long after the parents are divorced, which is why it is in your best interest to protect them the best you can, no matter what the age. Some of these children will even become victims of assaults by their abusive parents. In fact, about 50% of the time, this is the unfortunate case.
As we know, family court is really not a safe haven for abused children and most of the time, it is a good idea to stay out of court at most costs if it means being able to strike up a good deal. Trying to protect your children should be something that always works out to your best interest. Never willingly give up custody or parenting time to your abuse ex. If you are unable to get full custody, attempt to get as much as you can.
If you have been the victim of abuse in your previous marriage and are attempting to protect your children for the future, give us a call today. We believe we can help you through it all. At The Law Offices of Amy Montes, we have the tools to help you in every step of the process and help you receive the rights you deserve!
