Parents usually have to share responsibility for their children. When married couples divorce, they typically negotiate plans so that they can share custody of their children. Each parent receives a certain portion of parenting time, and the parents have to cooperate when making major decisions about their children.
Although it can be difficult to adjust to such arrangements, most parents can find acceptable ways to share their parental rights and responsibilities. In some cases, one parent may want sole custody of the children. How does a parent go about obtaining sole custody?
By negotiating with the other parent
The simplest method of securing sole custody is through an agreement with the other parent. Factors including prior involvement with the children and availability because of employment can convince one parent to give up their rights to significant parenting time.
They may accept visitation instead. Someone in a high-demand career or who acknowledges that they are in an unstable personal situation might agree to allow the other parent to have sole custody of their shared children. If parents agree on terms, it is easier for the parents to establish arrangements that may differ from the standard approach in family court.
By proving that is the best option available
When parents do not agree on custody matters, they may require the intervention of a family law judge. Judges have to consider state statutes when allocating parental rights and responsibilities. The law wants judges to prioritize the best interests of the children rather than the wishes of the parents when making custody decisions.
A parent seeking sole custody has to convince a judge that such an arrangement is best for the children. They usually need evidence of instability, violence or an unhealthy relationship to secure sole custody through litigation. Provided that one parent cannot meet the needs of the children or might put them in danger, the judge could agree that granting one parent sole custody might be best for the children.
Setting realistic goals for child custody matters and establishing an effective strategy can be beneficial for those preparing for divorce. Many parents have to accept shared custody, but some may be able to obtain sole custody of their children through cooperation or a compelling narrative backed by evidence.