If you have recently gone through a divorce, it is natural to have hard feelings toward your ex-spouse. To this end, many individuals make an attempt to deny shared custody with their ex-spouse due to not wishing to deal with them any longer.
However, it is important to understand that this is not very likely in the modern family law courtroom. According to Findlaw, sole custody is only awarded in exceptional circumstances.
What circumstances are exceptional?
Basically, if it is provable that your ex-spouse is struggling with some form of addiction or has a history of domestic violence, it is possible for you to justifiably argue for sole custody.
Where sole custody is concerned, there are two separate issues. The first is physical custody. Physical custody refers to where the child lives the majority of the time. In a sole custody situation, the child will primarily live with the custodial parent while the non-custodial parent has visitation rights.
There is also the matter of legal custody. With legal sole custody, one parent makes all the decisions regarding the child’s schooling, health care, and religious upbringing.
What happens if I can’t get sole custody?
The most common arrangement is co-parenting. With co-parenting, both parents share physical and legal custody of the child in as equal of a manner as possible. This has been proven to be generally best for the child, so even if you have a difficult relationship with your ex-spouse, you will likely have to formulate a co-parenting relationship with him or her. The family law courtroom will do what is in the best interest of the child, and, generally speaking, this is co-parenting.