Can I apply for joint custody alone?
October 21, 2023 | 40,00 EUR | answered by Marcus Hering
Dear lawyer,
I am reaching out to you with a question regarding family law. My name is Hilde Kaiser and I am a single mother of a five-year-old son. The father of my child and I were never married and separated two years ago. Since then, my son has been living with me and I am solely responsible for his upbringing and care.
I have heard that it is possible to apply for joint custody alone. Is this actually possible and how can I best go about it? I am concerned that the father of my child may oppose it and I may not be able to handle it on my own.
I would like to know if there is a realistic chance for me to obtain sole custody and what steps I need to take. I feel uncertain and would like to learn more about my rights and options in this matter.
Thank you in advance for your support and advice.
Sincerely,
Hilde Kaiser
Dear Mrs. Kaiser,
Thank you for your question regarding sole custody in family law. As a single mother of a five-year-old son, you are facing an important decision that affects the well-being of your child. It is indeed possible to apply for sole custody, even if you were never married to the father of your child.
To obtain sole custody, you must file a petition with the family court. In this petition, you should outline your reasons for requesting sole custody. It is important to mention, among other things, that since the separation two years ago, you have been solely responsible for the upbringing and care of your child.
It is important to emphasize that sole custody is not automatically granted. The court will assess whether it is in the best interest of the child to distribute custody to both parents or if the child's well-being is better served by granting sole custody to one parent. The father's relationship with the child will also be taken into consideration.
To increase your chances of obtaining sole custody, you can provide evidence of the actual care and upbringing of your child. Show the court that you can provide for your child's well-being on your own and that there is no need for joint custody with the father.
It is understandable that you may feel uncertain and have concerns that the father of your child may oppose the petition for sole custody. In this case, it is advisable to seek legal assistance in a timely manner. An experienced family law attorney can advise you, represent your rights, and assist you in obtaining sole custody.
I hope this information is helpful to you and wish you success in your endeavor to obtain sole custody for your child.
Sincerely,
Marcus Hering
Family Law Attorney
