People often have many complex issues to address during divorce. Spouses in Louisiana frequently worry about what community property statutes might mean for their standard of living. Those who have children together inevitably worry about their parental rights and responsibilities.
Despite the change in the relationship between the parents, they usually face an expectation that they should work together for the benefit of their shared children after divorce. That can be very difficult to accomplish.
Many parents prefer the idea of sole custody with only visitation rights extended to the other parent. When can one parent obtain sole physical and legal custody of their children?
When the parents reach an agreement
Sole custody arrangements are often the result of an agreement between the parents. Perhaps one parent recognizes that their personal challenges related to health or employment prevent them from providing what the children need consistently.
Maybe a demanding career makes their availability unpredictable at best. Parents frequently reach agreements with one another that grant one parent sole custody while the other simply has the right of visitation.
When the courts determine it is best for the children
If the parents cannot reach an agreement about the allocation of parenting time and other parental responsibilities, then they may need to litigate the issue. They can present the case to a family law judge.
The judge hears from both parents and then attempts to make a decision that they believe is in the best interest of the children. They consider factors including the stability of the parents, their existing relationship with the children and even their housing circumstances.
If one parent can show that the other doesn’t have an appropriate living space, that could influence the judge’s decisions. So could substantiated claims of domestic violence, substance abuse or extreme instability. Major physical and mental health challenges can also influence custody rulings in a divorce scenario. Most of the time, the courts prefer shared custody arrangements. However, sole custody is sometimes the best possible outcome when there are special considerations.
Parents who understand when sole child custody is an option may set more realistic goals for family law negotiations. Those seeking sole custody without an agreement often need a compelling reason to limit the other parent’s access.
