Parents preparing for divorce are often very anxious about the future. They don’t want to lose time with their children because they end their marriages. Particularly when a parent has focused more on their career than on caregiving, they may assume that they are at a disadvantage when it comes to custody proceedings.
Almost everyone has heard stories about people who lose contact with their children because of a divorce. These stories may involve the courts granting one parent sole custody despite the other’s desire to be with their children.
The good news for those preparing for divorce is that stories about unfair and imbalanced custody arrangements are often wildly exaggerated or outdated. When parents learn about how the family courts actually address custody matters, they often feel more confident about their decision to file for divorce. How do the courts typically divide parental rights and responsibilities?
State law doesn’t give either parent preferential consideration
People often hear that the courts may favor one parent over the other. However, the law requires a neutral approach to custody disputes. Judges should not give either the mother or the father preferential treatment. Instead, they should focus on establishing a custody order that works in the best interests of the children.
Typically, judges want to keep both parents as involved as possible. They divide both physical custody or parenting time and legal custody or decision-making authority between the parents. The exact division of parental rights and responsibilities depends on a variety of factors.
When parents realize that the courts are unlikely to grant one adult sole custody, they may feel more inclined to settle custody matters instead of trying to litigate. Parents can theoretically establish their own terms and proceed with an uncontested custody case.
Judges review the terms proposed to ensure they are in the best interests of the children and then convert the settlement reached by the parents to a custody order. Unless there are unusual circumstances that involve abuse, addiction or neglect, the courts tend to favor shared parental rights and responsibilities rather than sole custody solutions.
Learning more about the rules that apply during divorces with minor children can help parents plan for the future. Both parents usually have a right to request shared parental authority and time with their children.
