Can I get Sole Custody of My Child?
We often get asked whether a parent can get sole custody of a child or children. In Florida, although it is possible to get sole custody, it is rare. We refer to sole custody as sole parental responsibility and that term envisions that one parent makes all the decisions regarding the child without the participation of the other parent. In order to successfully get sole custody, you must demonstrate to the court that the other parent is incapable of making good decisions for the child because of drug or alcohol abuse, domestic violence in front of the child, or significant and diagnosed mental health problems. You must show that involvement of the other parent would result in a danger or detriment to the child. This is a high burden but not impossible in certain cases. There are alternatives such as ultimate decision making authority that can also be explored in these situations.
Mercedes Wechsler has the experience to advise you on whether you have a case for sole custody or sole parental responsibility and is fully prepared to represent you, even all the way through a trial, to demonstrate this to a judge.