Fear of the consequences of divorce can leave people feeling trapped in unhappy marriages. Some people worry that property division may leave them without resources they need, like the home where they live or their retirement savings.
Those with young children often have concerns about what may happen during custody proceedings. Almost everyone has heard a few tragic tales of a loving parent denied access to their children. Parents might worry that they could lose custody of their children if a divorce turns ugly. For better and for worse, the family courts rarely award one parent sole custody in cases where both parents want time with the children.
Sole custody is often achieved through an agreement
In Pennsylvania, the current custody statutes require that judges focus on the best interests of the children. Most of the time, the best outcome for the children involves maintaining a positive relationship with both parents.
Although a 50-50 split of custody isn’t necessarily realistic, judges often go to great lengths to give as much time as possible to both parents for the benefit of the children. Many cases where one parent has sole custody involve terms set through mutual agreement.
The parents negotiate a custody arrangement outside of court that gives one parent sole custody while the other has visitation. In scenarios where parents don’t agree to a sole custody situation, the parent requesting sole custody has to convince the courts it is appropriate.
When do judges grant sole custody?
For a judge to agree to relegate one parent to visitation access only, there generally need to be concerning factors present. Issues related to domestic violence, a history of child neglect or substance abuse are among the most common reasons that judges might award one parent sole custody.
Simple accusations aren’t enough to sway Pennsylvania family law judges. There needs to be very clear evidence demonstrating that one parent might expose the children to risk or is otherwise incapable of properly parenting the way the children need.
A parent concerned that their spouse might make baseless accusations in an attempt to punish them by cutting them off from the children has little reason for concern. Without supporting evidence, attempts to secure sole custody might actually put the parent making the request at a disadvantage. They demonstrate an inability to put the children’s needs first, which can influence a judge’s final determination.
Those who understand the rules that govern child custody matters in Pennsylvania may feel less anxious about the idea of filing for divorce. Losing custody generally only occurs in rare cases if a parent goes to court seeking parental rights and responsibilities.