Parents preparing for divorce or moving into separate houses often disagree about how to handle such processes. In many cases, they may also disagree about how to allocate parental rights and responsibilities.
If they can’t agree, then they may need to take their disputes to family court. Other times, they can eventually work out custody arrangements that address their family’s unique circumstances effectively.
Many parents like the idea of obtaining sole custody after a divorce or breakup. However, Missouri’s custody statutes impose the presumption that shared custody is typically what is best for children. What are some of the scenarios in which one parent can secure sole legal and physical custody of their children?
1. When there is evidence of abuse
Scenarios involving domestic violence can be dangerous for minor children. As such, the courts may intervene to protect children from a volatile and dangerous parent.
Of course, there needs to be verifiable documentation supporting the claims of domestic violence. One parent’s allegations are unlikely to convince the courts to limit the parental rights of the parent. Police reports, testimony from witnesses and medical documentation can help prove that there have been domestic violence issues in the family.
2. When there are substance abuse issues
Addiction is another issue that can directly endanger minor children. Parents who are under the influence of drugs or alcohol may become volatile and aggressive. They may also become incapable of meeting the needs of the children.
Someone who drinks to the point of unconsciousness can’t intervene to take care of their children in a medical emergency or even meet their basic nutritional needs. Documentation showing that one parent has a current substance abuse issue could convince a judge to limit their access to the children.
3. When the parents agree
Household circumstances do not need to be downright dangerous for one parent to secure sole custody. Parents can reach a determination on their own that such arrangements are best for the children.
A parent with major medical issues, mental health challenges or a demanding career might agree that the other parent should have sole custody of the children. They may negotiate a visitation arrangement.
Parents always have the option of establishing their own custody arrangements and filing an uncontested petition with the courts. They can also work cooperatively to modify an existing custody order when they recognize it does not work well for their family.
Understanding how rare sole custody is can help parents better evaluate their expectations and goals. Those hoping to pursue sole custody generally need either the cooperation of the other parent or compelling evidence. The right strategy can also help increase their chances of success if resolving a child custody matter requires the input of a judge.