Should I try for sole custody?

Should I try for sole custody?

| Apr 16, 2021 | Child Custody

Particularly if you have a very difficult relationship with your ex-spouse, the idea of trying to co-parent might seem more like cruel and unusual punishment as opposed to a decision made with the best interests of the child in mind. If this is the case, you may be seriously thinking about the pros and cons of attempting to convince the courts to give you sole custody.

However, in the majority of situations this is not a good idea. Trying to aggressively pursue sole custody will almost certainly make your divorce more arduous and expensive, and it is likely to backfire.

How would this affect the cost?

Unless your situation is highly unusual, trying to pursue sole custody almost always means that your divorce will end up in court. Taking a divorce to trial always makes the process take longer and become more expensive as compared to a collaborative or mediated divorce.

Of course, there are several good reasons why you may decide to pursue a trial divorce; depending on your situation, it may be worth your time and energy to go to trial. You should simply be aware that attempting to get sole custody is an almost guaranteed way to end up in court.

How could it backfire?

Joint custody is not meant to be a cruel and unusual punishment for parents. Rather, it is usually in the best interests of the child. Deciding that you want sole custody of your children can make you look bad in the eyes of the court for this reason. It makes it appear as though you are more interested in your comfort as compared to the child’s best interests.