Can I apply for sole custody of my child?
March 1, 2022 | 40,00 EUR | answered by Marcus Hering
Dear lawyer,
I am Claudia Endres and a single mother of a five-year-old son. Since separating from my partner a year ago, I have had sole custody of our child. Now I am wondering if I can officially apply for sole custody to be legally protected.
Currently, my son mainly lives with me, as my ex-partner has only irregular contact with him. He barely takes care of the upbringing or financial support of our son. I am worried that he could suddenly apply for custody of our child and therefore want to ensure that I have sole custody.
I have already spoken to my ex-partner about sole custody, but he was not willing to transfer it voluntarily. Therefore, I would like to know if it is legally possible to apply for sole custody and what the process of such a procedure looks like. Are there specific criteria that I need to meet to obtain sole custody?
Thank you in advance for your support and I look forward to your response.
Sincerely,
Claudia Endres
Dear Mrs. Endres,
Thank you for your inquiry regarding sole custody for your five-year-old son. As a family law attorney, I can assist you and provide you with the necessary information.
It is possible to apply for sole custody of your child if it is in the best interest of the child. In your case, where your ex-partner has irregular contact with your son and is not involved in his upbringing or providing financial support, this could be justified. It is important to emphasize that custody is not automatically awarded to one parent, but is always decided with the child's well-being in mind.
To apply for sole custody, you would need to file a petition with the family court. In this petition, you should explain why you want sole custody and provide reasons for it. The family court will then assess whether the conditions for sole custody are met and make a decision.
There are certain criteria that you must meet to obtain sole custody. These include parenting ability, the child's bond with the parents, the parents' ability to cooperate, and the child's well-being. It is important that you can demonstrate that it is in your son's best interest for you to have sole custody.
The process of such a proceeding can vary depending on the individual case. It is advisable to seek advice from an experienced family law attorney who can guide you through the process and support you. Together with your attorney, you can take all necessary steps and ensure that your rights and those of your son are protected.
I hope that this information has been helpful to you. If you have any further questions or need assistance, please do not hesitate to contact me.
Sincerely,
Marcus Hering, Attorney at Law
