It used to be relatively common for courts to give one parent custody of their children and ask the other parent to pay child support after a divorce. Over the years, however, things have shifted. Courts now try to maintain a relationship between the child and both parents, so it is more likely that the court will look for a way to share custody between the two.
That said, just because courts prefer joint custody doesn’t mean they have to rule this way. If there’s a valid reason, they can still use sole custody. What are some of the reasons they may do so?
Safety issues for the child
To start with, safety issues are always taken very seriously. Perhaps there is evidence of abuse in the child-parent relationship in the past. Or perhaps one parent has a drug addiction or a criminal background. It could even be as simple as one parent not having a safe living situation for the child.
The child’s preferences
In some cases, children can voice their preferences regarding which parent they would like to live with. Age plays a major role here, so this likely won’t apply to children who are 12 and under. But if a child is in their late teens and close to becoming a legal adult, they may be given more say by the court.
Scheduling issues
Finally, the court just has to consider the realistic impact that the custody arrangement will have on the child’s life. Shared custody may not always be possible. For instance, perhaps one parent is a member of the military or travels extensively overseas for work. It may make more sense for them to have visitation rights to see the child when they’re home, rather than custody rights.
Every case is unique, of course. If you’re going through a child custody dispute or a divorce, make sure you know what legal steps to take.
