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Can you pursue sole custody if your co-parent is uncooperative?

On Behalf of | May 5, 2023 | Divorce

Divorce and child custody battles can be some of the most stressful experiences a person can go through. As a parent dealing with an uncooperative co-parent, you may wonder if you can pursue sole custody.

The short answer is that it’s possible, but it can be a challenging process. Therefore, before you proceed with this life-changing legal process, you should ensure you’re confident that this is what you want.

Document evidence of uncooperative behavior

Suppose your co-parent is uncooperative in sharing custody. In that case, it’s important to document any evidence of their behavior. Uncooperative behavior can take many forms, such as missed visits, failure to communicate or refusal to comply with court orders. This way, if the case proceeds to a courtroom, the detailed record of each incident will strengthen your case.

Attend mediation to try to work the issues out

When pursuing sole custody, it’s important to understand that resolving custody disputes often involves attending mediation. While these proceedings can be stressful and emotional, they are often necessary to ensure a custody arrangement in your child’s best interest is reached.

Mediation can be a cost-effective and efficient way to resolve custody disputes. It gives you and your co-parent more control over the outcome. However, if mediation is unsuccessful, you may need to attend court hearings to resolve the custody dispute. In court, a judge will consider the child’s age, relationship with each parent and any evidence of uncooperative behavior or abuse when deciding custody.

Once the court has made a custody decision, both parents must follow the court’s orders. If the non-custodial parent refuses to comply with the court’s orders, the custodial parent can seek enforcement through the court.

If you believe sole custody is in your child’s best interest, don’t hesitate to pursue this custody arrangement. Ensure you come up with a solid legal strategy to encourage positive results.