Spouses preparing for divorce have a lot of challenging issues to consider. When they have minor children living at home, the entire process becomes far more complex. In addition to making arrangements for their shared property, divorcing parents also need to address custody matters.
In most divorces where parents still have children living at home, the spouses share parental rights and responsibilities with one another. However, there are unusual circumstances that might justify one parent requesting sole custody for the well-being of their children. They may need to demonstrate to the courts that their spouse is an unfit parent.
What might lead to a judge deciding that one parent should not have time alone with their children or control over them due to their personal challenges?
Current struggles with substance abuse
Judges handling contested custody matters usually want to act in the best interests of the children. They want the children to maintain a healthy, strong connection with both of their parents. Unfortunately, some personal choices can prevent a parent from showing up for their children in the way that they should. Parents struggling with alcohol abuse or drug addiction frequently cannot meet the needs of their children. They may not be capable of parenting while under the influence. Withdrawal symptoms can also impact parenting behavior. People may become volatile and unpredictable. They may put their addiction ahead of what is best for their children. A parent struggling with addiction may not be fit to fully share custody until they address their issues.
Issues with domestic violence
Anger issues and violent outbursts can also convince the courts that one parent is not fit to have independent parenting time. A history of violence directed at the children or domestic violence that occurs in front of the children could lead to the courts limiting that parent’s access to their children. Medical records, criminal convictions and police reports can all help substantiate allegations that one parent’s volatility makes them unfit to parent alone.
Truly unstable circumstances
Parents need to provide their children with basic necessities. They also need to manage their households so that the children attend school and have access to other critical support systems. A parent who doesn’t have employment or a place to live might be unfit because they cannot meet the needs of the children. A parent struggling with intense mental health challenges or serious physical illness may also be at least temporarily incapable of sharing parental rights and responsibilities.
If one parent can show that the other lacks the stability and resources necessary to provide for the children, their claims can influence how a judge allocates parental rights and responsibilities. Reviewing one’s situation with a skilled legal team to determine if a spouse meets the state’s definition of an unfit parent can help people determine if pursuing sole custody is a worthwhile undertaking. Parents may need to speak up to protect their children when a divorce might expose them to an unstable or unsafe living arrangement.
