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Attorney Is Suggesting I Request Sole Legal Custody, I’m Concerned It’s A “lost Cause”

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I’m in WI. I recently retained an attorney because my child’s father has been stonewalling my attempts to move forward with our divorce for almost a year and I am TIRED.

After multiple meetings with my attorney, she’s suggested I strongly consider fighting for sole legal custody of our 8yo child. I already have primary placement and father has visitation every other weekend due to him moving an hour away after our split.

For context, the father moved out with his daughter from a previous marriage a year ago and after 6 months as her primary caretaker, lost physical custody of her to her mother. She went from an A/B student with great friends and a healthy social life to failing every single class, getting suspended for bringing a vape to school, and regularly had the police called on her from neighborhood disturbances and my husband being “sick of her shit” (a direct quote I have in writing from him). According to people close to him, he drinks and gambles heavily, which is part of the reason for me seeking divorce.

Our child has been asking me questions along the lines of “Why did you take all of dad’s money and kick him out?” “Why won’t you take dad back when he’s trying to fix our family?” “How is dad going to buy me presents when he has no money and has to borrow money from grandma?” for months now and is currently in therapy. He’s been more open these past few weeks about things his father has supposedly told him, like that I’m a psycho liar, I cheated on him, my friends are bad people, I’m taking all his money (court ordered child support), and I’m the reason our child doesn’t see his dad more. I still see my step daughter regularly and after hearing her sibling mention something their dad said, she confirmed he said the same to her and more.

There’s a history of emotional and financial abuse as well as two police reports for harassment since our split, but I’ve heard it’s almost impossible to get sole LEGAL custody unless there’s a lengthy history of violent physical abuse. My attorney believes the GAL will likely rule sole is in the best interest of the child, but if it’s unlikely, I don’t want to fight anymore than I have to. I’ll do whatever I need to to fight for the best interest of my child, but if it’s a lost cause I want to save my mental and emotional energy for keeping my home a safe and happy space.

Is there a good chance I’d be granted sole legal custody? Are there other options I should consider?

submitted by /u/WarningBerry
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