Shared custody can be challenging for people to manage. People who share parental rights and responsibilities have to give up time with their children so that the other parent can have one-on-one time with them. They also have to consult with one another frequently to make appropriate decisions about the children’s upbringing.
Some people aspire to avoid those complications by pursuing sole custody of their children. Sole custody is no longer a common outcome in family court cases. When is it possible for one parent to have sole legal and physical custody of their children?
When they reach an agreement
Maybe one parent has practical challenges, such as a demanding career or health issues. They might agree that a sole custody arrangement where they have visitation is what is best for the children. Parents generally have the option of setting whatever custody terms they view as appropriate if they file a joint, uncontested request for a custody order.
When the parents never married
Unmarried couples often raise children together. If they break up, the mother usually benefits from a presumption of sole custody. Until the father establishes paternity and seeks a court order granting him parenting time or visitation, the mother may retain sole legal and physical custody of their shared children.
When the situation is dangerous
There are a number of different personal matters that can affect the ability to effectively parent. Substance abuse issues are relatively common and can impact a parent’s ability to meet their children’s needs in a safe and consistent manner.
A history of domestic violence or obvious neglect of the children could also alter what a judge believes is in the children’s best interests. If one parent can present compelling evidence to the court that the other presents a threat of harm to the children due to their behavior or to highly unstable circumstances, then a judge might agree that limiting their access to the children is the best option until the circumstances change.
Those requesting sole custody usually need a compelling justification. Discussing family circumstances at length with a skilled legal team can help parents determine the best goals to set for upcoming child custody negotiations or litigation.