Custody

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My lawyer told me courts rarely grant "sole" custody because it means they are stripped of thier rights, and that I should go for joint. My ex is un fit.....is my lawyer lieing to me? The information I see here, says I can get sole and joint is rare?
Thank you for your important reply

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Lorrie Stojni, BA, MA, LLB

11 years ago

Custody pertains to decision making for the children and is different from where the children live.

Several factors go into a determination of custody and the standard by which the determination is made is the "best interests of the children".

In a sole custodial situation, one party is the decision maker for the children. An order for sole custody may issue where there have been issues of domestic violence, abuse, alcoholism, drug addiction, or the parties cannot communicate.

There is no easy answer to your question as every case is determined based on its facts. Just be aware that what you deem as "unfit" may not be the same standard as what the court deems as "unfit".

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