Fighting a Sole Custody Claim

The children and their well-being is central in the life of every parent.  When a relationship or even a marriage falls apart and the parents are facing a custody case, the courts will make a decision about what type of custody and visitation arrangement is in the children’s best interest.  In the optimal circumstance, the parties will even be able to come to their own decision about what would be best for the children without having to have a long, expensive court hearing.  That is not always the result, however, and there are cases when one parent may allege the other is not suitable to have joint custody.  If you are facing such a case, it is important that you understand what may be involved in fighting the claim for sole custody.

Joint legal custody means that the parties will share the ability to make major decisions for the child, such as education, religion, and non-emergency healthcare.  In the vast majority of cases, courts will grant joint legal custody.  A parent fighting a sole custody claim can rest a little easier knowing that the parent seeking sole custody faces an uphill battle.  Typically, in order to obtain sole custody, the requesting parent needs to show that the other parent is either unavailable or unfit to share the typical responsibilities involved in joint legal custody.  Accordingly, a parent fighting a claim of sole custody filed by the other parent needs to produce evidence that he or she is, in fact, fit and available for the children.  The type of proof required to fight the precise claim of unfitness will clearly vary with the precise claim.  It is important to tailor the defense to the exact allegations being made by the other parent.  For example, if the requesting parent states that you are unfit by virtue of substance abuse, talk to your attorney about providing repeated clean drug screens to demonstrate that the allegation is baseless.  As another example, if the requesting parent alleges that you never show up for visitation, you will want to make detailed records of precisely when and where you show up to exercise visits with your children.

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We have extensive experience helping our clients understand what is involved in a custody case.  Contact us today for a consultation.

Are you interested in seeking an annulment? If so, contact Williams Law Group, LLC right away. Our family law attorneys will review your case to determine if an annulment is an option. If it is, we will guide you through the process and ensure you make the best decisions for your future. Call our office at (908) 738-8512, email us, or contact us through our confidential online form to schedule a consultation

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