Negotiating custody matters can be one of the most emotional and challenging prospects of a Connecticut divorce. Parents often worry about how the end of their marriage may limit their time with their children. Therefore, it is common for both adults in a family to seek as much time with the children as possible.
Usually, the Connecticut family courts prefer to see parents cooperating with one another to act in the best interests of their children. A scenario in which one parent tries to cut the other off from the children might leave judges questioning whether that parent really has the best interests of the children at heart or not.
Someone hoping to secure sole custody, therefore, needs to ensure that their circumstances justify that request. When can the Connecticut courts potentially grant one parent sole custody during divorce proceedings?
When that decision is best for the children
If a family law judge must settle custody issues for a family, their main consideration is what is in the best interests of the children. There is a presumption that having the parents take care of the children is in their best interests, and usually, judges try to give both parents liberal amounts of time with the children and also a degree of authority for decision-making matters.
However, it is sometimes possible for one parent to convince the court that such arrangements might not benefit the children. If there is documentation supporting a claim that someone has abused or neglected their children previously, that can affect how the courts divide parenting time and other parental responsibilities.
Severe health concerns, including mental health challenges, could also influence what a judge believes is in the best interest of the children. Records of addiction-related struggles could also influence the outcome of custody litigation in Connecticut. The parent requesting sole custody typically has to have sufficient evidence affirming their claim that it would be better for the children to be solely in their care than it would be for them to spend time with both parents.
When the parents reach an agreement
Sometimes, one parent recognizes that they do not have the patience, stability or health necessary to adequately care for the children. They might agree to a scenario in which the other parent has sole custody but they have visitation access because they know that they cannot manage a shared custody arrangement properly. Even in scenarios where a judge might not agree to limit one parent’s time with their children, the parents could potentially agree to that arrangement on their own through negotiations with one another.
Knowing when sole custody is a realistic request may benefit parents hoping to protect their children as they prepare for divorce. Seeking legal guidance is generally beneficial in this regard as well.
