With the push for shared custody of the children being a priority for family law courts here in Orange County, some parents may feel that it is pointless to seek sole custody of the kids in a divorce.
But there are situations where that is actually the only responsible position to take. How can you know whether sole custody is a viable option for you?
For good reason, the courts have swung away from the presumption that the mother is the better parent to whom to award custody of the minor children. The courts now presume that the kids will do best splitting their time between both parents. But in some cases, that just isn’t true.
If your ex was abusive to either you or the children, they may not be safe if your ex is awarded joint custody. Ditto for circumstances where one parent is an alcoholic or addict who is not currently involved in recovery.
Sometimes, a parent may not be able to manage the custody of the kids through no fault of their own. Maybe they work rotating nursing shifts or spend long hours investigating crimes. They might not be able to devote the time and attention to the kids that they need right now.
Seeking sole custody is not a referendum on your ex’s parenting skills in those cases. Instead, it is an acknowledgment of the reality of the situation and not meant to be punitive.
We can help you determine whether seeking sole custody is appropriate in your case. If it is, we will strategically work to convince the court that this is the best possible outcome for the children.