Jan 30, 2020

When Can You Seek Sole Custody?

When Can You Seek Sole Custody?

Sharing valuable time with your child is one of the hardest parts about a divorce, but it’s legally required in most cases. Unfortunately, you might feel uncomfortable leaving your child with your ex. The rationale for your concerns may be enough to warrant seeking out sole custody. If you’re wondering when you can seek sole custody, we discuss your options in the guide below.

You’re aware of your ex’s unhealthy lifestyle

Just like you, your ex must be responsible––especially when caring for a child. Several types of lifestyles can hurt your ex’s chances of having shared custody. Unfortunately, addiction runs rampant in the lives of many people, and if you know your ex struggles with drug or alcohol abuse, you have every right to seek sole custody. Furthermore, if your ex has a history of physically abusing others, you shouldn’t have to leave your child with them.

Your ex doesn’t have a stable income or home

The court determines the appropriate type of custody based on one overwhelming question––where will the child have the best quality of life? One of the most important factors of quality of life is shelter. If your ex frequently moves or gets evicted or simply lives in a questionable home, seeking sole custody may be in the child’s best interests. Additionally, if your ex can’t hold down a job or has an unstable income, it could directly affect your child’s quality of life. Your child deserves the highest quality of life possible, just like you––don’t let your ex diminish that.

You have a more flexible schedule to take care of the child

Some cases are less hostile, and your ex simply may not be available as much as you are due to work, military service, or family emergencies. Alternatively, you may have a lifestyle that allows more flexibility in your schedule, thus giving you more time for parenting. Depending on the age of your child, they may need more parenting. If your child still depends on a parent, you should request sole custody since your schedule is more favorable for parenting.

So, when can you seek sole custody? The answer is a little complicated, but generally speaking––anytime you can provide the child a better quality of life than your spouse. However, you can’t merely ask for sole custody; you must make a formal request with your attorney. If you need a child custody lawyer in Illinois, Schiller DuCanto & Fleck has you covered. Our attorneys take pride in their work and always operate in the best interest for their clients. If you have questions about your rights as a parent or would like to set up a consultation, contact us today.

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