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When is sole child custody preferable

| Jan 19, 2021 | Child Custody |

Some parents going through a divorce are adamant on getting full custody of their children for whatever reasons. Child custody can be one of the most contentious issues in the divorce process in Virginia. Generally speaking, most family court judges believe that joint custody is in the children’s best interests, but there may be times when full custody might be best.

Here are some circumstances under which one parent might get full custody of his or her children:

When the children are potentially at risk

If one parent’s personal history includes domestic abuse or if the court considers him or her to be any risk at all to the children, it is unlikely that parents will be awarded custody rights. Judges want children to have positive relationships with both parents, but if that is not possible, a judge will not award joint custody.

When one parent can’t be dedicated to custody

There may be instances when one parent can’t make a commitment to custody. That parent may have a hectic work schedule or might live far away from the children and their main home. In these cases, a parent may not be able to say he or she does not want custody since it would not be in the children’s best interests. They may just choose to have a visitation plan in place instead.

There are many variables when it comes to child custody in Virginia. Those looking to file for sole custody of their children need to have an understanding of how the law works. Seeking legal advice may be the first place to start to get a handle on the rules of law.