Individuals facing divorce typically have many questions and concerns about the process ahead. If the spouses have children together, then custody matters are often the biggest issue to address during the divorce proceedings. The best-case scenario when fit parents divorce is that they work cooperatively with one another. They settle their own decisions about their children. However, not all parents are able to amicably resolve custody matters.
Sometimes, one parent may even try to use the children as a weapon against the other. They may assert that they do not intend to share custody but instead plan to fight for sole custody of their children.
Does a loving and dedicated parent have to worry about losing access to their children because their spouse demands sole custody in a divorce?
Sole custody is uncommon
Contrary to what some people expect, the courts do not favor one parent over the other. Instead, judges hearing contested custody cases typically need to focus on what they believe is best for the children. State statutes require the establishment of a custody arrangement that focuses on the best interests of the children.
For many families, upholding the children’s best interests requires regular custody exchanges so that both parents have liberal amounts of time with the children. They may also share decision-making authority with one another. Sole custody arrangements are typically either the result of an agreement between the parents or unusual family circumstances.
When do judges award sole custody?
For one parent to secure sole legal and physical custody without the cooperation of the other parent, they typically need evidence showing that the family has unusual circumstances. They must convince a judge that the other parent could endanger or abuse the children.
A history of domestic violence verified by a criminal record or police reports could influence a judge’s decisions. So could criminal records and medical documentation affirming that one parent currently struggles with the substance abuse disorder.
In some cases, a parent in an unstable situation without employment or housing could also be at risk of only receiving visitation because they cannot currently meet the needs of their children. Even if a judge awards one parent sole custody, the other parent can potentially request a modification in the future when they improve their circumstances.
Most parents can secure an allocation of parenting time and legal authority if they assert themselves during family court proceedings. Understanding how judges handle contested custody cases can be beneficial for anxious parents. Sole custody is less common than many people realize.