Is suing for full custody the right decision in this case?
An ex husband has not exercised his visitation in an year& refuses to communicate with the childs mother on any issues, he has called his child once since last December. The Mother has petitioned the court for sole custody (meaning full legal decision making power regarding the child) She has not asked that he lose any of his visitation (even though he has not exercised any in the last year), just that she need not keep having to try to communicate with an unwilling participant. Do you think she is doing what is best for her child in this circumstance. Any communication is hostile on his part.
"An ex husband (has not exercised his visitation) in an year & (refuses to communicate with the childs mother) on any issues."
From what you said I don't see what would be different having sole custody. I could see if he was picking up the child every other weekend and was a constant phyiscal presence in the mother and child's life. Even with sole custody no judge is going tell a father he can't visit or call his child. However if it makes the mother feel better to have "sole custody" in writing then she should go for it.
The difference would be that she doesn't have to wait on him for answers of decisions that are now legallly supposed to be made jointly. Most times she doesn't even get an answer. The child has special educational needs which at this point both their consent is required to begin certain programs. Also, if medical issues should ever arise she would need to discuss treatment with him first (but he doesn't) answer her calls) That wouldn't work well in an emergency. She doesn't feel given his lack of participation in the sons life that she could trust he will be there "jointly" when needed. It is a significant difference in what you are and are not entitled to do legally when you have sole or joint custody. He will lose quite a bit of say in how the child is raised but she feels it's worse to have the constant battle of trying to make joint custody work. He is always welcome to see the child but she feels having sole decision making power is a better option for their particular circumstance. Unfortunately some men don't want to be fathers but how long do you wait hoping they will step up?
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