Skip to main content

Can my exboyfriend whom already has joint legal custody of our daughter with him having physical custody try to get sole custody

Mason City, IA |

He has already won joint legal custody by default and now that he is angry with me and bad talks me, he is telling me that he is going to call his lawyer and have him file for sole custody. I am not an unfit parent. he told me that he could have won sole custody to begin with but i do not believe him because i have never heard of any judge giving sole custody with no reason other than one parent saying something that may or may not be true.

Attorney Answers 2


  1. When considering whether a particular custody arrangement is appropriate, the court uses a variety of important factors, including:

    The suitability of each parent as a custodian
    The psychological and emotional needs of the child
    The ability of the parents to communicate with one another
    Who has and who currently is caring for the child
    Whether the parents are supportive of each other’s relationship with the child
    The wishes of child, depending on their age and maturity
    Whether the parents are both willing to accept joint legal custody
    The geographic locations of the parties
    Any safety or health issues affecting the child, including domestic abuse, a parental mental illness or substance abuse by a parent.
    http://iowabar.org/displaycommon.cfm?an=1&subarticlenbr=144

    This answer is not intended or offered as legal advice, and thus the reader should not rely on any information provided in this answer as such. Readers should not consider the information provided to be an invitation for an attorney-client relationship, and should always seek the advice of an independent attorney. People seeking specific legal advice or assistance should contact an attorney. The content of any Internet e-mail sent to Khan Legal Group, LLC at the e-mail address set forth in this web site will not create an attorney-client relationship and will not be treated as confidential. The content of this answer contains general information and may or may not reflect the current legal developments of Connecticut law. Attorney Khan is not licensed to practice law in any state but Connecticut.


  2. He can petition the Court to modify the custody or visitation if there has been a substantial change in circumstances since the Court's last Order. Courts don't like to award sole legal custody to one parent unless there there is a really good reason. Your ex may just be trying to scare you.

Family law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics