Parents generally share parental rights and responsibilities. The need to share custody can be a source of frustration during legal separation or divorce. Parents may not want to interact with each other or give up time with their children. Some people hope to secure sole custody.
When is that goal achievable when parents divorce or separate?
When there are problematic circumstances
Most of the time, family law judges presume that shared custody is the best solution. They want parents to both have time with the children, even if one parent has historically had more of an involved role with the children than the other.
However, there are scenarios in which shared custody may not be what is best for the children, which is the top concern in litigated custody cases. If there is evidence of domestic violence, substance abuse, medical challenges that interfere with parenting or other compelling issues, it may be possible to ask the courts to award sole custody to one parent for the protection of the children.
When the parents cooperate
Parents don’t have to let a family law judge make all of the major decisions about their children. They also have the option of cooperating with one another.
In uncontested custody cases, parents set their own terms. Parents may reach an agreement that awards one parent sole custody. Demanding careers, medical challenges and other issues may convince one parent to give the other sole custody.
Those hoping to secure sole custody simply because they don’t want to see the other parent of their children anymore are unlikely to prevail if they take the matter to family court. Discussing child custody concerns with someone familiar with family court proceedings can help parents decide how to resolve parenting matters when they separate.