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  1. #1
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    Default SOLE CUSTODY - How easy is it to get?

    Just wanting some info on going for sole custody. Currently there is no court orders in place, but i am now looking at going for sole. If anyone can help it would be greatly appreciated. Thankyou.

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    Very hard...

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    its no longer reffered to as sole custody but sole parental responsibility and include the health and welfare and long term decisions concerning the child.
    The easiest way is if your ex agrees to your having sole parental responsibility- if he does agree then oyu work out consent orders and have them ordered by the court.
    Unless there is risk or its not in the childs best interests(child see father regulary or something) then judges prefer to order 50/50

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    Hard! A friend of mine was in in extremely abusive relationship he has been in and out of jail for years and has even been violent with their son. He got out of jail 10 months ago and has unsupervised visits. My friend has been fighting tooth and nail for full for 8 years now.

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    Extremely hard.

    I cant get sole custody even though xdp is an abusive, gambling addicted, sex offender fresh out of prison.

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    I've heard it was hard but managed to get my ex to agree to it (that's the hard part). I have sole custody and he has visitation (no overnight visits) this was mostly because:
    a) they are all young (5, 3, 1)
    b) he has prescription drug and health probelms
    c) he hasn't really got anywhere to take them as is sharing a flat with a friend.

    He signed the consent orders so it's a done thing.. but can be reviewed (at his expense this time) later as the children grow up. I don't have a problem with him having overnight visitation as long as he takes a drug test to be sure it's safe for him to be around the children. But I'm not going to get the consent orders revisited - he'll have to take me to court next time and he can pay (I had to pay $600 to get the consent order put together and he never paid a penny).

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    brydz is offline blessed with everyone amazing in my life
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    I believe from all the stuff I've read into custodial arrangements that it is VERY HARD to get sole custody these days.

    For the simple reason that the courts/law see the child as the only person with any rights. And one of those rights is to know both parents.

    Unless you have a severe case involving abuse or neglect or something that proves that the other parent is totally unfit. Which is not as easy as it sounds.

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    It is very hard as most courts will not decide that NO contact with the father/mother is for the best interests of the child, and the interests of the child are ALL they will consider. I had this same problem with the father of my older two, when he appeared back out of nowhere and wanted to see my kids, who didnt even know him. I was told by my lawyer that a Dad who is a sex offender, living in a tent will still get some kind of access to the kids and has some rights, so yeah, its hard.

    Get a good lawyer though (expensive does not necessarily mean good), see if you can find a good one through word of mouth, and get some advice on the issue before deciding what to do. There might be other options that you can explore which might be a compromise.

    Good luck!

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    Thanks guys, i have no problems with his seing his child, if he would actually turn up and look after him. Thinking it probably wouldnt be granted based on the information given here. he isnt physically abusive towards my son, so really dont have much grounds to stand on by the sounds of things.

    Do any of you know the laws with regards to me holidaying interstate or even moving interstate?

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    I think if there are no orders in place either of you are free to take the child on holidays interstate. You would also be free to move interstate but he could take you to court and get an order to bring you back at your own cost.


 

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