Parents discussing the possibility of divorce often worry about custody matters first and foremost. They may fight with one another about the division of overall parenting time because they come to the table with unrealistic expectations. Some adults expect to demand and receive sole custody as part of a divorce because they view that as fair.
However, what matters the most in custody arrangements is the best interests of the children. Judges usually try to keep both parents in the picture and may go so far as to attempt to arrange a near-even division of parenting time and parental authority.
However, judges may reach the determination that an even split of parenting time may not be beneficial for the children. In some scenarios, a judge may give one parent far more time with the children than the other. Other times, they may limit one parent to visitation instead of full custody rights.
What family circumstances might lead to a highly-uneven division of parenting time?
A history of abandonment or neglect
If one parent has already effectively abandoned the children or has a history of neglecting their support needs, that can influence what a judge thinks is appropriate when dividing parental rights and responsibilities. A parent who has not been consistently present for the children may not be able to handle the demands of solitary parenting time. If judges see proof of the children experiencing neglect in the care of one parent or recognize one parent’s actions as abandonment, they may significantly limit the parenting time of the adult who has not been present for and supportive of the children.
Issues with substance abuse
Addiction is a common issue that can damage marital relationships. It can also affect how a parent treats their children. Provided that there is verifiable evidence of one parent having issues with drugs or alcohol, the courts may consider that when deciding what should happen in a child custody dispute.
Unstable circumstances
Perhaps one parent currently lives on a friend’s couch or at a shelter because they cannot afford rent currently. Maybe they don’t have a job or have other challenges that prevent them from providing the kind of stability that children typically need to thrive. Provided that there is verifiable evidence of unstable circumstances, the courts may limit the parenting time and authority granted to an adult who cannot provide the reliable support that children require.
Parents seeking certain custody arrangements may need proof either affirming their allegations, that the other adult can’t meet the needs of the children or that they have improved their circumstances in a way that allows them to parent successfully. Understanding of what factors may influence child custody cases can help parents advocate for their most important relationships in family court.