Sharing custody is not easy for many parents. People who have ended their intimate relationship with one another usually want to sever ties completely if possible. Sharing parental rights and responsibilities makes a clean break all but impossible.
Parents have to see each other multiple times a week for custody exchanges or visitation. They also have to communicate about their child’s health care and their academic progress. Many people trying to move on after the end of a relationship might believe that seeking sole custody is a better option than sharing parental rights and responsibilities. However, parents may find that they face an uphill battle when seeking sole custody.
When is it possible for one parent to have sole custody after an Indiana divorce or breakup?
The law favors joint custody
Indiana state statutes make it quite clear that the state does not extend preferential consideration to either parent. Both parents theoretically have the same essential rights and responsibilities. The courts generally try to act in the best interests of the children, which generally means that they both spend time with the children and influence their upbringing.
Parents can agree to have one parent assume sole custody by negotiating directly with one another. If a parent with a demanding career or major medical challenges acknowledges that they cannot fully share custody, the parents can submit an uncontested proposed custody arrangement to the courts. Judges can approve arrangements that allocate sole custody to one parent and possibly visitation rights to the other.
If the other parent does not agree with the idea that sole custody is appropriate, then litigation becomes necessary. The parent seeking sole custody needs compelling evidence showing that the other parent is unfit or has a history of behavior that could endanger the children.
Criminal records related to substance abuse or domestic violence could help convince the courts that sole custody is appropriate. Medical records, restraining orders and even testimony from people who have witnessed inappropriate conduct could influence how a judge allocates parental rights and responsibilities. Unless parents cooperate with one another or there are highly unusual circumstances, sole custody is an unusual outcome.
Parents hoping to secure sole custody may need help strategizing for family court proceedings, and that’s okay. Learning more about state law can help parents set realistic goals related to their parental rights and responsibilities and meet the burden of proof necessary to achieve those goals.
