Parents often take a contentious approach to custody matters. Sometimes, neither parent can put their emotions aside. Other times, one parent tries desperately to put the children first while the other engages in inappropriate and antagonistic behavior.
It can be very difficult to share custody with someone after the end of a relationship. However, that is exactly what co-parenting requires. Sharing parental rights and responsibilities is the most common outcome in divorces and litigated custody cases.
Decisions about parental rights and responsibilities should center what is best for the children. Having a close connection with both parents is typically the best outcome. However, there are scenarios in which a family law judge may agree that granting one parent sole custody is actually the best option. What circumstances may result in a judge granting one parent sole custody?
1. A history of domestic violence
Judges have to look at the totality of family circumstances when trying to decide what might be best for the children. If one parent has been physically abusive toward the children and there is verifiable documentation of that abuse, a judge may consider that when dividing custody. It may not be in the best interest of the children to be left alone with someone who has a history of violence.
2. Substance abuse issues
Addiction can have a major negative impact on parenting capabilities. Parents struggling with alcohol addiction or drug abuse may be emotionally volatile. They may participate in criminal activity to fund their substance abuse. They may expose the children to dangerous people or environments.
Those under the influence often struggle to meet the needs of dependent children. The courts may limit the parental rights and responsibilities of an adult who has a current issue with substance abuse.
3. Unstable circumstances
Some people mean well but struggle to handle adult responsibilities. They may not have jobs or study housing of their own.
Other times, they may have medical issues that leave them incapable of meeting the children’s needs without the support of another adult. Unless there are highly unusual and concerning household circumstances, judges typically expect parents to work together and share custody.
Understanding the standard approach to child custody issues can help parents temper their expectations or develop a viable legal strategy. Most of the time, shared custody is the most likely result of parents litigating custody matters.
