Sole or full custody lawyer

Sole custody means that one parent has the primary legal responsibility and/or physical residence for the child. This can take two forms:

• Sole legal custody: one parent alone makes decisions regarding the child’s education, healthcare, and major life choices.
• Sole physical custody: the child resides primarily with one parent, while the other parent may have visitation or limited parenting time.

A sole custody lawyer is responsible for guiding parents through the legal process of obtaining full custody, ensuring that their rights are protected and the child’s best interests are central to the proceedings.

The duties of a sole custody lawyer include:

1. Legal advice and strategy

– Evaluating the parent’s situation and advising on whether full custody is likely achievable.

– Explaining the criteria courts consider when awarding sole custody, such as parental fitness, child welfare, and home stability.

2. Negotiation and mediation

– Attempting to reach an agreement with the other parent outside of court, saving time, costs, and emotional stress.

– Drafting parenting plans that clearly define visitation schedules, holidays, and decision-making authority.

3. Court representation

– Presenting the parent’s case effectively to judges.

– Providing evidence of the child’s needs, the parent’s ability to meet those needs, and any concerns regarding the other parent’s suitability.

4. International and cross-border considerations

– Advising families where parents live in different countries.

– Ensuring custody agreements comply with international conventions, such as The Hague Convention on Child Abduction.

Common law countries (US, UK, Canada, Australia):

• Judges focus on the “best interests of the child.”
• Sole custody may be awarded if one parent demonstrates greater stability or if there are concerns about the other parent’s conduct.
• Courts may still allow visitation rights for the non-custodial parent, depending on circumstances.

France:

• Governed by the Code Civil.
• Sole custody (garde exclusive) is possible when joint custody is deemed impractical or harmful to the child.
• French courts evaluate both the parents’ ability to communicate and cooperate, as well as the child’s well-being.

A sole custody lawyer must adapt arguments depending on jurisdiction, ensuring that evidence is presented appropriately and the child’s best interests are highlighted.

• “Sole custody means the other parent has no rights.”
  → The non-custodial parent often retains visitation and the right to be informed about the child’s well-being.
• “Sole custody is permanent.”
  → Courts may modify custody if circumstances change significantly.
• “Sole custody is easier than joint custody.”
  → In reality, it can be more complex, requiring thorough preparation, documentation, and legal advice.

Yes!

Legal representation ensures your arrangement is recognised by the court and protects against potential disputes.

Almost always, unless there are safety concerns.

Duration depends on complexity, evidence, and whether the case settles amicably or requires full litigation.

If you are considering full custody, a skilled sole custody lawyer is essential to protect your rights and your child’s future. Contact our firm today for a consultation and start building a strong case.

Even in full custody cases, children’s opinions are often considered. The age and maturity of the child determine how much influence they have.

• Common law countries: Courts may consider preferences from age 12 or older.
• France: Children capable of discernment can express wishes, but the judge decides final custody.
• Other jurisdictions: Some countries are introducing flexible standards that allow children’s voices to be considered even earlier.

Benefits:

• Children feel heard, reducing conflict stress.
• Encourages emotional well-being and cooperation.

Risks:

• Children may be pressured by one parent.
• Preferences may reflect temporary moods rather than long-term needs.

A sole custody lawyer ensures that the child’s opinion is respected, documented, and presented appropriately in court.

• In France, a child may meet the judge in private to express preferences.
• In common law countries, the judge may appoint a child advocate to communicate the child’s perspective.
• Lawyers often prepare parents to handle discussions with children carefully to avoid undue influence.

Generally, the court may consider the child’s opinion but will weigh it alongside other factors.

Ensures the child’s views are heard without coercion and helps present them objectively to the court.

Rarely; it is a factor, not the sole determinant.