People preparing for divorce often have misgivings about the process ahead. They worry about their financial stability and their relationships. Particularly when a divorcing spouse has minor children living at home, their main concern may be how ending a marriage could affect their parental rights.
Stories about unfair and tragic custody outcomes are relatively common. Many people have heard tales of loving parents completely cut off from their children by a spiteful spouse. Parents generally do not want to risk losing their connection with their children.
Is the risk of the other parent securing sole custody a reasonable concern for those anticipating a divorce?
Sole custody is an uncommon solution
Contrary to what people may read online, sole custody arrangements are far from standard. In many cases where one parent receives sole custody, they achieve that outcome through mutual agreement with the other parent.
One adult effectively gives up their parental rights or accepts visitation rather than a full share of legal parenting authority and overnight parenting time. When parents negotiate with each other or litigate, most custody cases result in shared custody arrangements. There are only limited number of circumstances in which a judge may determine that sole custody is the best option for the family.
When do the courts limit parental rights?
The decision to limit parenting time and other parental rights is generally not a choice that a family law judge makes lightly. They have an obligation to act in the best interests of the children. For most families, that means ensuring that the children have continued, healthy interactions with both parents throughout their formative years.
For a judge to award one parent sole custody, there typically need to be legitimate concerns about the children’s safety in a shared custody arrangement. The parent requesting sole custody needs evidence of significant instability, medical issues that prevent someone from parenting, a history of ongoing substance abuse or dangerous domestic violence.
Mere allegations are not enough to convince a judge to eliminate one parent’s access to and time with the children. Compelling proof is typically necessary for a judge to grant one parent sole custody because the other poses a threat to the safety of the children.
Even when one spouse makes damaging claims against the other, the family can take the matter to trial. The parent accused of negligence or misconduct as an opportunity to present their side of the situation. They can also theoretically take courses or undergo treatment to address the issues that could affect their parenting abilities. In most cases, parents who want time with their children can obtain it if they know and assert their rights.
Becoming familiar with how the state handles contested custody matters can be helpful for divorcing parents. In most scenarios, parents have a right to play an active role in the upbringing of their children even after a divorce.