Unfortunately it is all too often that people call me and ask "Can I get sole custody of my child?" This question usually follows a short summary of facts that may or may not contain the information I would need in order to correct assess their case as a Rhode Island Divorce Attorney.
Though I would like to apologize to all those people who call me and ask this question week after week looking for a simple answer, I can't.
To the people that the call me and ask such a loaded legal question and expect an answer in 5 or 10 minutes without expecting to pay me for my expertise, please understand that it is not out of a lack of knowledge that I offer you my coaching service or my legal advice session, but rather because you are asking a loaded question.
The fact is, depending upon the facts of your case, how you present yourself, how the other parent presents him or herself, which judge you have, how old the child is, what the child's wishes are, and ultimately a myraid of other factors that are taken into consideration into making that assessment . . . it is possible that any person could potentially get sole physical custody of their child... depending upon the totality of the circumstances.
If you look just the the number of factors I mention in the preceding paragraph, you can see that it is not a cut and dry issue even for an experienced divorce and family lawyer, so please do not be offended when you try to blurt out all the circumstances of your case to get a ballpark answer based upon my professional experience when (1) there may be considerably more that I need to review in order to make any type of professional estimation as to the likelihood of success and (2) this is my livelihood.
Ultimately, it would do you a disservice to anyone to answer a question about obtaining sole custody based merely on a telephone call without something in the way of investigation. It also does a professional attorney a disservice. Attorneys spend their lives learning and accumulating their knowledge through education and constant practice in and out of the courtroom.
To ask any attorney for such significant legal advice without providing compensation for legal advice that exposes him or her to liability is far from reasonable. It expects the attorney to work for free. It is not, as some callers have tried to argue, in the nature of asking a friend for a favor. I have several independent professionals who are surgeons. On occasion I have had need of their services. However, it would be less than professional ( or fair) for me to show up at the surgeons office and ask him for a quick 30 minute surgery "for free."
First, this is how a surgeon makes his living and feeds his family and he can't rely upon what I tell him. The surgeon needs to do his own tests and examine what has been done before I involved him. Can you imagine the trouble a surgeon might get himself or herself into if she performed an important invasive surgery based only upon what I told him or her? This would be nothing short of malpractice . . . without any compensation to boot! Ouch!
I ask that callers don't expect the same from me. It is not my practice to receive calls out of the blue, with no compensation and simply provide legal advice. I might just as well operate on you without a license and without being paid for it. It just doesn't make sense.
Just in the same way that I wouldn't expect you to go to work for an employer for a week and then not get paid for your time and hard work, I simply ask you to have the same respect for me. My time is valuable and I already cut my rates tremendously and provide low cost program to make things more affordable for people. Please don't call and ask me to answer your legal questions for free.
To Answer Everyone's Question about whether You Can Get Sole Custody of Your Child, the answer is "yes". This is not legal advice. This is just common sense. Everyone's case is different. I can't assess your case without the proper investment of time, investigation, and application of the law to the facts to determine your probability. But until a court tells you "NO" you can't get sole custody of your child, then the answer is always "YES" because the possibility always exists until the court says "NO".
This question is always on a case by case basis. Just about every legal question in the area of divorce and family law is more complicated than the layperson contemplates.
I endeavor to give my very best to my clients and to my readers and it is my pleasure and privilege to serve you. If you need a coaching session, advice, or representation, then please call me to set up an appointment and I will be happy to do my very best to accommodate you.
However, the calls for free advice and assistance will be terminated professionally but quickly. Please remember. . . I need to make a living and provide for a family as well.
My Thanks to All for Your Understanding!
Authored By:
Christopher A. Pearsall, Attorney-at-Law
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