Should I seek sole custody?

On Behalf of | Feb 28, 2020 | Divorce

When going through a divorce, making decisions for any children involved in the process is often the most stressful part of the entire experience. In the past, it was all but assumed that if there was a divorce with children involved, the children would be best in the custody of the mother. However, this is no longer the case, with co-parenting being the most common custodial agreement in the aftermath of divorce. However, particularly if the ex-spouses have a contentious relationship, many wish to seek sole custody. Despite this, according to FindLaw, Sole custody is only used in situations where one parent is legally unfit.

Research has shown that children do best in co-parenting environments because they maintain constant contact with both of their parents, even if those parents are no longer together. Since it is the duty of the court to make decisions in the best interest of the children, co-parenting is usually the decree. This means that even if you have a contentious relationship with your ex-spouse, you will need to work together to do what is best for the children.

Essentially, gaining sole custody of the children because you do not like your ex-spouse is not going to get very far in a court of law. The only real exceptions are if the other parent is struggling with addiction or has a history of domestic violence.

Just because you are no longer romantically or legally attached to your spouse directly does not mean that a competent co-parenting relationship cannot be established. Keep your children at the forefront of your mind when navigating this process.