Working out arrangements to share parental rights and responsibilities is a major challenge. Divorcing parents usually want as much time with their children as possible.
Seeking sole custody may seem like a way to achieve that goal. However, the courts usually expect parents to share legal authority. They also need to establish a timesharing plan in most cases where they regularly exchange physical custody of their children. Joint custody with liberal amounts of timesharing for both parents is standard in many divorces.
Those hoping to secure sole custody usually need unique circumstances to justify that request. When is it possible to obtain sole custody?
When one parent can’t parent reliably
The courts may award one parent sole custody in scenarios where there are questions about the capabilities of the other parent. If there is reason to believe that one parent might abuse or neglect the children, then a judge might agree that granting them liberal timesharing rights could be a mistake.
Documentation of issues related to domestic violence or substance abuse could help convince the courts that sole custody is necessary. A lack of housing or extreme medical challenges could also warrant sole custody arrangements.
Barring unusual situations that parents can prove in court, securing sole custody is often only possible with the cooperation of the other parent. Adults can reach arrangements that the courts might not establish without their input through mutual consent.
Discussing family circumstances with a skilled legal team can help parents determine if sole custody is an achievable goal in an upcoming Florida divorce. Most parents have to share parenting time and authority, but sole custody is possible when it is the best option for the children.