If your ex does not see the children, you may have a chance to get sole custody. But, many exes suddenly decide they want to be involved when they receive court papers, which will more than likely result in joint legal custody.
Before filing for sole custody, think about the costs involved. From a financial perspective, your outlay could easily run into the tens of thousands. A long court fight is extremely stressful and could result in negative health effects for you. Your ex may use the children as weapons to get back at you which can cause emotional damage your kids. You may become the victim of violence from the ex or someone acting on his or her behalf. Some exes will even kidnap the children.
Even if you share joint legal custody with your ex, you may be able to get some protection from a violent or vindicative ex. Decision making authority could be split be areas such as one parent being responsible for school decision and the other parent being in charge of medical concerns. There are professionals called parenting coordinators that serve as the go between so that warring parents don't have to necessarily communicate with each other.
Think carefully before making a decision to file for sole custody. Unless you are in one of the situations described above where you have a good chance at winning full custody, the time and expense of a custody battle probably won't be worth it to you.
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