The way the family law courtroom treats custody has changed considerably over the past 20 years. It used to be almost universally assumed that the mother would end up with primary custody of any children involved, but times have changed. It is much more common for parents to end up in a co-parenting situation after divorce in the modern era. However, some parents wonder if they should be fighting for sole custody. According to FindLaw, gaining sole custody is very rare unless one of the parents is deemed legally unfit to care for a child due to issues like addiction.
Due to the various benefits associated with co-parenting, gaining sole custody of a child is relatively difficult and rare. In a co-parenting situation, the child will typically live with both parents on a regular basis and both parents are involved with making legal decisions regarding the child. On the other hand, in a sole custody situation, only one of the parents has the right to make legal decisions regarding the child and the child tends to live exclusively with this parent. However, the non-custodial parent may have visitation rights depending on the circumstances.
Generally speaking, co-parenting is considered in the best benefit of the child and this is why it is the most common arrangement. In order to be considered for sole custody you will need to prove that the child’s other parent is unfit. Even if you have a difficult relationship with your ex-spouse, however, this does not necessarily mean that the ex-spouse is an unfit parent. If you are thinking about filing for sole custody, it is important to take a clear look at what is in the best interest of your child.