Single Parents

Seeking Sole Legal Custody

We are going through our divorce proceedings and basically XH is disagreeing on every front just to spite me.

At mediation this week he basically wasted everyone's time with no intention of negotiating with me and my attorney. He told me he would rather give his attorney $20,000 rather than give me any maintenance and child support whatsoever.

Awesome, huh?

Given the high level of conflict, along with some verbal abuse I am going after sole legal custody for the kids. He refuses to take any action in regards to their schooling, medical, or dental care. Basically, I am the one who takes care of them and he argues with every decision I make. He doesn't bother to show up to Dr appts yet criticizes me for what I do to take care of their needs.

Is this enough to get me sole legal custody? I have no idea what is needed, basically I just don't want to have to try and make decisions with him. His only intention is to hurt me any way he can, regardless of what's in the kid's best interests. I don't mind notifying him of things that are going on. 

The nestie formerly known as MrsV2005. I just realized I have no recent pictures of me or the kids! Guess I need to get the camera out!

Re: Seeking Sole Legal Custody

  • imagetifanico:
    Im not a lawyer but I would say that sole legal custody takes way more than that. 
    This. Generally speaking, to obtain sole legal custody the other parent has to be completely non-existant from the picture, in jail/prision, or have documented drug/alcohol abuse & addiction. Sometimes cases involving domestic violence can be grounds for full legal custody. But, i'm not an attorney.

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  • To be totally honest.....no, it probably is not. Regardless of whether or not your X argues with you on all topics or even cares about the legal aspect of things is irrelevant.

    I am seeking sole legal custody but I also have solid proof of domestic abuse, my STBXH is a major alcoholic (with proof) and has an extensive criminal background dating back to his childhood. There's a small chance he still could get partial legal custody but my lawyer says it is unlikely.

     In my state they say that joint legal custody is in the best interest of a child UNLESS there is solid proof of domestic abuse in which they will then grant sole legal to one parent. I'd look up your state law regarding that. But truthfully I don't think you have much of a case in fighting for sole legal.

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  • My ex was very similar...I cannot get him to respond when I e-mail him regarding LO...or if he does respond he takes FOREVER.  We have a clause in our custody agreement that if I e-mail him regarding LO, he has 5 days to respond.  After that, if I receive no response from him it is assumed that he agrees with what I wrote and felt no response was warrented.

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