Every spouse preparing for divorce has their own priorities. For some people, the main concern is preserving certain property. For those with children, custody matters are often the most important consideration.
Divorcing parents may find themselves disagreeing about how to share custody. Some parents hope to not have to divide time with their children or decision-making authority at all. Instead, they hope to obtain sole custody so that they don’t have to see the other parent or defer to them when making plans.
How can one parent obtain sole custody of children in a divorce?
Through an agreement with the other parent
The simplest and perhaps the most common way that one parent secures full custody is through an agreement with their co-parent. Those who struggle with the responsibilities of parenting, who have substance abuse issues or who have demanding professions may recognize that they cannot truly share custody because of their circumstances.
They may agree to a parenting arrangement in which they have visitation only. They may grant the vast majority of parenting time and parental authority to the other parent who can be consistently available to the children.
With proper documentation
Many parents do not want to give up their rights even when they have a history of failing in their parental obligations. If sole custody through an agreement isn’t possible, then the parents seeking it must convince the courts that such terms are in the best interest of their children.
The courts generally operate under the assumption that shared custody is the best arrangement for minors. To convince them otherwise, the parent seeking sole custody usually needs compelling evidence.
Proof of substance abuse issues, familial violence and other sources of risk are usually necessary to convince a family law judge to limit the parental rights and responsibilities of someone who wants parenting time. Many parents requesting sole custody do not have circumstances that can convince a judge to eliminate the parental rights of the other adult in the family.
Reviewing family circumstances at length with a skilled legal team can help a parent establish whether sole custody is a reasonable goal to set during divorce. In some cases, pushing for sole custody can backfire by making a parent look uncooperative and selfish. People need to plan carefully to protect and optimize their parental rights during a divorce.
