If you’re interested in seeking sole custody of your child, it’s going to be a difficult path. Generally speaking, the courts will only do this in extreme cases. If there’s evidence of abuse, for instance, sole custody may be used. But it’s not going to be granted simply because that’s how the parents would prefer things to be.
But why has there been this change? Why is it that modern courts prefer shared parenting strategies over sole custody going to just one parent?
It’s fair for the parents
To begin with, this focus removes gender bias from the courtroom. It’s fairer for each parent. There was a time when it was often assumed that women should raise children and men should not, for example, but that has largely been dismantled and it is now understood that both parents can do an excellent job raising their kids.
It’s in the children’s best interests
More important than what the parents want, however, is what the court determines to be in the best interests of the child. Child psychology experts have often said that being involved with both parents is better for almost all children. It can help them in many ways, from self-confidence to academic performance.
This is clearly not the case in situations of abuse or drug use, or any other situation where the child may be in danger. But that’s why it takes something that extreme to get the court to shift over to using sole custody. They’re not going to do this lightly.
If you and your ex are encountering some conflicts with your custody plans, make sure that you know about all of your legal options.