Reasons Petitioner Should Receive Sole Physical Custody

You will need to explain to the court why petitioner having sole legal and physical custody is in the best interest of your children.

If both petitioner and respondent agree, the reason can be something like: Petitioner and Respondent agree that Petitioner should have sole legal and physical custody.

If petitioner and respondent do not agree, then you should carefully detail why this custody arrangement is in the best interest of the children. The following are some examples:

The children currently live with Petitioner.

• The children want to live with Petitioner.
• The children are far more comfortable in the care of Petitioner than the care of the Respondent.
• Petitioner is in a better position to personally care for our children.
• Awarding Petitioner care of the children will continue their current caretaking arrangement.
• Respondent will rely on other people to care for our children.
• If the children reside with Petitioner they will continue to live with their other siblings (brothers and sisters).
• Petitioner's home is the better place for the children to be able to maintain their friends and social network.
• The children will be able to remain in the same school in the care of Petitioner.
• Respondent does not have a residence suitable for the children.
• If the children reside with Respondent they will not have the same contact with friends and family.

Petitioner has been the parent who primarily cared for the children.

• Petitioner is the parent who wakes the children in the morning.
• Petitioner is the parent who prepares meals for the children.
• Petitioner is the parent who dresses the children in the morning.
• Petitioner is the parent who gets the children ready for school.
• Petitioner is the parent who picks the children up from school.
• Petitioner is the parent who helps the children with their homework.
• Petitioner is the parent who helps the children with their school activities and is best situated to continue to do this.
• Petitioner is the parent who most often plays with the children.
• Petitioner is the parent who watches the children play with their friends.
• Petitioner is the parent who more consistently participates in activities with our children.
• Petitioner is the parent who most often reads to the children.
• Petitioner is the parent who bathes the children.
• Petitioner is the parent who gets the children ready for bed.

The children and Petitioner are the same religion and Petitioner attends all religious services and events with them.

• The children and Respondent belong to different religions.
• Respondent seldom or never attends religious services and events with the children.

Petitioner is the parent with the better ability to provide for the needs of our children.

• Petitioner is the parent most likely to encourage and facilitate contact with the other parent.
• Petitioner is the parent with the better ability to provide for the physical needs of our children.
• Petitioner is the parent with the better ability to provide for our children's emotional wellness.
• Petitioner is the parent who has made medical decision concerning our children.
• Petitioner is the parent who has seen to our children's medical needs and I have the better ability to continue to provide for our children's medical needs.

Respondent drinks frequently to the point of intoxication in the presence of our children.

• Respondent smokes in the presence of our children.
• Respondent uses illegal drugs to the point of intoxication in the presence of our children.
• Respondent drives while intoxicated with our children in the car.
• Respondent has physically abused me in front of the children.
• Respondent has physically abused the children.
• Respondent has sexually abused one or more of our children.

Respondent will take our children to Respondent's country and not return them.

• Respondent is not a citizen of the United States.
• Respondent has family and other ties with Respondent's home country.
• Respondent only has minimal ties to the United States.