The vast majority of divorces result in parents splitting both parenting time and parental authority. However, sometimes a shared or joint custody arrangement is not realistic or safe.
One parent may hope to secure sole custody, possibly with limited or supervised visitation for the other parent. What scenarios allow for a sole custody arrangement?
Mutual agreement
Sole custody is often the result of parents reaching an uncontested settlement regarding custody matters. They may negotiate with one another and submit paperwork to the courts, allocating custody to one parent and possibly providing visitation rights to the other. Parents with medical challenges or demanding careers might agree to a sole custody arrangement.
Unstable circumstances
If parents don’t agree that sole custody is the best solution, the parent seeking sole custody needs to make a compelling case in family court. Judges hearing contested custody cases often try to keep both parents involved. Their goal is to set terms that are in the best interest of the children, and most children benefit from having a positive, ongoing relationship with both of their parents.
Those seeking sole custody in a litigated case generally need evidence of neglect, abuse, instability or significant personal challenges that could prevent the other parent from consistently meeting the needs of the children. Documentation of substance abuse disorders or a history of domestic violence can convince a family law judge that limiting one parent’s access might be what is best for the children.
Parents preparing for custody negotiations or court proceedings often need assistance developing their cases and understanding the law. Working with an attorney while addressing child custody matters can help parents push for arrangements that keep their children safe.