As a general rule, most courts prefer to use joint custody if possible. They want both parents to be involved in the child’s life, and they understand that both parents have a right to see their child, make decisions for them, and provide care and support.
That said, sole custody is a possibility that the court can use if they determine that it would be in the child’s best interest. This may mean that only one parent lives with the child or has sole decision-making power. Below are a few potential reasons why the court would take this route instead of using joint custody.
Health and safety issues
First of all, if there are accusations of neglect or abuse, the court wants to make sure that the child is safe and healthy. This is why domestic violence allegations during a divorce are so important, as they can severely impact custody rights.
Addiction or drug use
Similarly, courts may be wary of giving physical custody to someone who struggles with drug abuse or addiction. They may think it’s not safe for the child to live with that person or ride in the car with them. In these cases, they may use sole custody and give the other parent supervised visitation rights.
Significant relocation
Finally, a major relocation may mean that joint custody no longer makes sense. Perhaps one parent is taking a job in another country and has to move. The court may shift things so that the parent who is remaining in the United States has sole custody, and the other parent can visit the child when they’re home. But making exchanges across country lines is often not practical or reasonable.
Custody determinations play a big role in a child’s life, and parents must understand all of the legal options they have.