3 instances when sole custody after divorce may be warranted

On Behalf of Egolf + Ferlic + Martinez + Cox, LLC

|

May 26, 2023

|

Family Law

If you’re going through a divorce and have children, one of the most critical decisions you’ll have to make is who gets custody of your child. For many parents, the ideal outcome is joint custody, wherein both parents have responsibility for the child’s care. However, there are situations where pursuing sole custody may be the better option.

Divorce can be a difficult and emotional time, especially for your kids. Therefore, it’s essential to prioritize your child’s best interests when making custody decisions. The following are some examples of situations in which you may want to seek legal guidance concerning the possibility of securing sole custody of your child.

Domestic violence or abuse

The safety and well-being of your child should always be your top priority. Suppose you or your child have been the victim of domestic violence or abuse. In that case, pursuing sole custody may be necessary. Domestic violence is harmful to you as an individual and has a profound impact on your children who witnessed or experienced it. Yet, it is important to understand that there is far less of a guarantee of sole custody unless you can prove that your spouse is a danger to your children as well.

Substance abuse

If your spouse has a substance abuse problem, pursuing sole custody may be necessary to protect your child’s well-being. Substance abuse can lead to unpredictable and dangerous behavior, making it unsafe for your child to be in your spouse’s care. Pursuing sole custody may help ensure that your child is not exposed to the dangers of substance abuse and could help to provide them with a stable and safe living environment.

Parental neglect or abandonment

Suppose your spouse has a history of neglecting or abandoning your child. In that case, pursuing sole custody may be necessary. Parental neglect or abandonment can have severe and lasting effects on a child’s mental and emotional health. Pursuing sole custody could help to ensure that your child is not left in a potentially harmful or neglectful environment and that their needs are met.

Divorce can be a challenging and emotional time, especially for your kids. As such, it’s essential to prioritize their best interests when making custody decisions. Knowing when pursuing sole custody may be necessary could be essential to protecting your kids’ well-being. Seeking legal guidance is usually a good place to start.