Is sole custody possible

On Behalf of | Dec 27, 2019 | Child Custody |

When getting divorced, it is not uncommon to have hard feelings toward your soon-to-be ex-spouse. In many cases, parents feel as though they should have sole custody of their children, and many times this desire is borne from an honest want not to ever have to deal intimately with the ex-spouse ever again. However, in the modern courtroom, it is very rare for one parent to be granted sole custody of the children. According to FindLaw, sole custody is only granted in exceptional circumstances.

What is an exceptional circumstance?

Exceptional circumstances are just that: a very unusual circumstance. Typically, where child custody is concerned, if one parent struggles with addiction or has a demonstrated history of violence, either sexual or physical, then the other parent will be awarded full custody.

However, since these circumstances are, thankfully, on the rarer side, it is unusual for this to be the case. It is far more likely for children to end up in a co-parenting situation, where both parents share both legal and physical custody of the children on a more-or-less equal basis.

Why co-parenting?

There have been a number of studies that prove children thrive when they have the love and care of both of their parents, even in the event that the parents are divorced and not living together. Since the first job of the family law court is to act in the best interest of the child, co-parenting is commonly the decree.

Even if you no longer enjoy the company of your spouse, it is still possible to have a functioning co-parent relationship. Sole custody is very rare.


FindLaw Network