Petitioning for Sole Custody

Child custody cases, the courts favor joint custody to sole custody over and over. "Legal custody" (education, medical care, religious upbringing and extracurricular activities in such areas), to which decisions about child welfare in relation to the right to join, joint custody, usually given is because some firms have long been produced in court show that such a parent is unfit to participate in decision making.

"Physical custody" - which determines where the child will live, and thus the parent will monitor day to day routine of the child - still more than a single parent is usually awarded two combined. However, as evidence mounts that children raised in single parent homes are more prone to school, to abuse drugs or alcohol problem, or exhibit other destructive behavior, the courts more and more to your child involve parents in the upbringing of both want to joint physical custody. And a maximum of 70 percent of the time with each other as follows - - Though often split 50/50 to about it usually being the child of a parent living with a minimum of 30 percent of the time as is defined. Courts find that a child's best for both mother and father get enough interest to parenting.

If the court has already awarded joint physical custody and you think this decision is not in the best interest of your child - you can petition the court - it is also my ex-husband or ex-partner in their child's welfare can pose a risk to the sole physical custody. Process differs between the various U.S. states, but usually you fill out a standardized application form and will need to present it in court. In most cases, it is best to seek legal advice before filling out the form. Notice must be sent to the opposing party as well.

When you attempt to overturn the court decision will be the last, you must present proof for any chance of success. Court, again, it is in the best interest of the child based on his assessment of the case will decide if the criteria firmly in mind when putting together your case are. For example, if your prior violent behavior or drug abuse or alcohol abuse, neglect, or any other destructive behavior is a history, you should document specific events and seemingly present witnesses.

If your ex harmful or destructive behavior has become outdated, it is likely that evidence to that effect before custody was originally introduced in the trial court decided that the behavior was not severe enough to prohibit joint physical custody. You must present new evidence. Maybe your child's behavior can explore some harmful effects, perhaps his former practice since he has changed or been awarded joint custody. Prepared with evidence and witnesses on.

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