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Divorce: How Can I Get Sole Custody?

Bridge Team Member

Can Katie Take Suri Away From Tom?

As speculations continue to grow on reasons behind the split between Katie Holmes and Tom Cruise, the public tends to forget that the real victim of divorce is the child. Sources say that Katie is seeking full custody of her daughter, Suri. But how will she go about achieving this goal?

In custody battles, it is all about the best interest of the child, and the only reason to deny a relationship with both parents is in the case of potential physical, mental or emotional harm to the child. åÊIn order to prove a parent unfit, there needs to be substantial, unbiased evidence. Simply being the mother' even if she has more experience and time raising the child' does not necessarily advantage that parent.

Today, judges tend to prefer shared parenting whenever possible. Even when the divorce is not amiable, specific arrangements are made to meet the requirements of both parents. So, as long as the parents have a healthy relationship with their child, they are very likely to be awarded joint custody to maintain a stable lifestyle for the affected child.

However, depending on the state in which you file for divorce, one parent could still be awarded full legal custody even if both competent parents are competent. When things become too complicated in terms of splitting time here and there, the judge may conclude that it would be best for the child to have a "home base" with the preferred parent - to the extent that some commentators believed Katie had a strong chance at sole custody.

Parents themselves often reach a decision before their case gets to be presented in front of a judge. Divorce courts are long, expensive and usually up-hill battles. Gaining legal rights over the spheres of life that you care the most about can be accomplished in simpler, and potentially more collaborative, ways.åÊ When meeting with a lawyer, it is essential to discuss top priorities to optimize negotiations with your ex-partner.

Recent headlines indicate that Katie and Tom have reached a divorce settlement. Although celebrity break-ups often prove to be more heated and complex than the average divorce, they are equally private matters. During this sensitive time, it is necessary to have the right lawyer and to know what steps to take to get to the end-goal. Lexspot's mission is to help people find the right lawyer. Find the best family lawyers in Massachusetts here.

For more information on the distinctions between joint/full physical and joint/full legal custody, refer to this helpful blog.

(Photo: TMZ Exclusive)

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