Should I try for sole custody?

In terms of extremely high asset divorces, often the only element more contentious than money is children. Particularly if you and your ex-spouse have a very acrimonious relationship, you may wonder if trying for sole custody is the right decision for your family.

The reality is, unless you have proof that your spouse is abusive or an addict, it is probably not a good idea to try for sole custody. Doing this often gives strangers all of the decision-making power in your divorce, and there is the possibility that it will backfire on you.

How does this lead to losing power?

It is all but guaranteed that if you make the decision to try for sole custody that your divorce will end up in court. Taking your divorce to trial makes the divorce far more expensive and will prolong it much longer than trying for mediation.

In addition to prolonging the process, you are also giving up almost all of your negotiating power to the courts when you do this. If you instead choose a mediated divorce, you and your ex-spouse can at least try to talk things through and make decisions in the best interests of the child. Otherwise, an impartial judge will make these decisions for you.

How could it backfire?

If you are actively trying to pursue sole custody, this may make you look bad to the court. Namely, actively pursuing sole custody in a situation where abuse or addiction is not clearly present indicates that you are not willing to do what is likely in the best interest of the child. The family law court does not look kindly on this.