Why the court sometimes grants sole child custody

Court
Children
7/10/2021

When you got married, thoughts that you might someday be informing your children that you’re filing for divorce were no doubt far from your mind. However, life doesn’t always turn out the way you might expect it to or hope that it will. Now that you’ve determined that your relationship is no longer sustainable, divorce is likely a primary issue on your mind, as well as child custody proceedings.  

If you’ve been going through rough times in recent years, you’re definitely not alone in your struggle. Many people wind up getting divorced when marital problems are unresolvable or when issues arise that place children at risk. If the latter is a factor in your particular situation, you might be considering requesting sole child custody in a Texas court. 

Legitimate causes for seeking sole physical and legal custody of your kids 

As a parent, you always want what’s best for your children. In a divorce, you and your ex might have a difference of opinion when it comes to such topics. If you believe that your children are better off in your custody 100% of the time, you’ll need to convince the judge overseeing your case by showing legitimate cause.  

Some of the reasons the court most often grants one parent sole custody over another include a parent’s lack of interest or participation in his or her children’s lives. Also, if you and your ex live in different states or countries, the court might determine that it’s best if the kids live with one parent full-time. Evidence that your ex is unfit to make parenting decisions would also constitute legitimate cause for requesting sole custody.  

There are certain benefits associated with sole child custody 

If the court determines that your children are better off if you have sole custody of them after divorce, you might feel relieved that you won’t have to interact as often with your ex as you might if you were sharing custody. When only one parent has custody, it enables children to more easily develop a new routine and add structure to their daily lives as they adapt to a new lifestyle.  

If your ex is addicted to drugs or alcohol, has a gambling problem or is abusive, sole custody enables you to keep your children safe, which would undoubtedly bring you peace of mind. Having sole custody of your kids doesn’t necessarily guarantee that you’ll never encounter legal challenges, in which case it’s a good idea to keep a strong support network in place should a problem arise.

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