If there’s one thing parents fear about divorce, it is the possibility of losing time with their children. Stories about unfair, highly-skewed divorce outcomes are somewhat common. People may worry about the courts limiting their access to the children based on their sex or on unsubstantiated allegations made by a spouse.
No one wants to lose access to their children because they decided to file for divorce. The good news for parents concerned about custody issues is that the state imposes a presumption that maintaining both parental relationships is what is best for the children. Given that judges must prioritize the best interests of the children in all major decisions, the state-imposed presumption means that shared custody is the preferred outcome in most divorces. Is it ever possible for one parent to secure sole custody in a litigated divorce scenario?
Parents can agree to any reasonable terms
Many divorce cases that result in sole custody determinations involve uncontested custody agreements. The parents negotiate with each other and reach the conclusion that a sole custody arrangement with visitation is the best option available.
Factors including unstable living circumstances, demanding professions and health issues may factor into one parent choosing to give up their right to shared custody and to accept visitation instead. If both parents want shared parental rights and responsibilities, sole custody is unlikely should the matter end up in family court.
When do judges award sole custody?
A judge awarding one parent sole custody is relatively unusual. Typically, they need to see clear evidence of unsafe circumstances to make a sole custody arrangement seem appropriate.
A parent requesting sole custody needs compelling proof that the children might be at risk if left alone with the other parent. Issues related to substance abuse, neglect and abusive behavior can convince a judge that sole custody might be the best arrangement for the family.
In most cases, there needs to be evidence beyond just the allegations of one parent against the other. Testimony from outside parties, police reports, medical records and other proof is usually necessary to convince a judge that deviating from the shared custody standard is what is best for the children.
Parents afraid of losing custody may need to assert themselves and take parenting disputes to family court to affirm their rights. Learning the basics of divorce and custody laws can help empower parents who are on the cusp of a major change for their family.