Divorce and family law attorneys serving Kane County and the surrounding areas

Divorce and family law attorneys serving Kane County and the surrounding areas

Talk to our attorneys today.

Protecting Your Rights In Family Matters

Why do courts award sole custody?

On Behalf of | Apr 8, 2024 | Child Custody

When it comes to divorce, most courts strive to award joint custody. However, courts may elect to award sole custody to one parent based on the circumstances.

Family court decisions can be emotionally charged and complex. Accordingly, you must consider the factors that can influence custody outcomes.

Best interests of the child

Courts prioritize the best interests of the child during custody cases. This means that the court will assess various factors when making a decision. Factors such as the child’s relationship with each parent and any history of abuse are carefully evaluated.

Parental unfitness

One parent may receive sole custody if the other is unfit to care for the child. Remember that the court’s main concern is ensuring the safety of the child. Accordingly, substance abuse, mental illness or a history of violence can greatly influence the decision.

Geographical considerations

Sometimes, logistical factors can influence custody outcomes. If one parent lives far away, it may not be practical to have joint custody. In such cases, the parent who can provide a stable and consistent living environment may receive sole custody.

Parental conflict

High levels of conflict between parents can also lead to a decision for sole custody. Constant disagreements create a hostile environment for the child, impacting their emotional well-being. In such cases, the court may award sole custody to minimize conflict.

Child’s preferences

A child’s personal preference may also play a role, especially as they grow older. While the child’s wishes are not the sole determining factor, they can carry significant weight.

While you must respect the court’s decision, whatever that may be, there are steps you can take to manage the emotional effects of divorce. Taking the right steps can improve the chance of joint custody for many parents.

FindLaw Network