There are numerous reasons why one parent might hope to secure sole custody when they divorce. Perhaps they intend to move out of state to pursue a job or return to their family. Sole custody makes that transition easier to accomplish. Maybe there are issues with their spouse that make them fear for the children’s safety in a shared custody arrangement.
Shared custody has become the standard in most divorce and breakup scenarios where couples have children together. Most parents preparing to negotiate or litigate custody matters simply need to work out the details regarding the division of parenting time and decision-making authority.
Parents who want sole custody often have to adjust their expectations to align with current court practices. That being said, it is still possible in some cases for one parent to secure sole custody. How can a parent achieve their goal of obtaining sole custody?
With the right legal strategy
There is a presumption in many cases that shared custody is the best option. However, either parent can present evidence to the courts that shows that sole custody might not be beneficial for the children. In any litigated custody case, the main factor a judge should consider is what is likely in the best interests of the children.
Most of the time, shared custody is the best option. Unusual factors including domestic violence, severe medical challenges or substance abuse could make shared custody less beneficial and potentially dangerous. A parent hoping to secure sole custody often needs compelling evidence such as police reports or medical records affirming that shared custody could potentially endanger the children.
With a negotiated agreement
There’s never any certainty in a litigated custody case. Parents don’t know how a judge might perceive their evidence and requests. Those who do not want to leave a crucial decision to a judge may decide that they want to negotiate a settlement directly with the other parent.
Parents generally have the option of establishing their own custody arrangements through mutual agreement. A parent who doesn’t have a stable place to live or who struggles with addiction may readily acknowledge that they are not in a position to parent independently. They might agree to accept visitation instead of demanding shared custody arrangements.
Parents hoping to secure sole custody often need help developing their case and making sense of the law. The parent who can prove that sole custody is in their child’s best interest may be able to achieve their goal through negotiation or litigation.