When making child custody arrangements, courts are required to base their decisions solely on the best interests of the child. Because the law typically assumes that children prosper when they maintain healthy relationships with both parents, judges will usually issue a shared custody order. However, there are some situations when a court may award sole legal and physical custody to one parent and visitation rights to the other.

3 Reasons a Parent May Receive Full Child Custody

1. The Other Parent Is Unsuitable

A history of substance abuse, an unsafe living condition, or credible allegations of domestic violence can disqualify a parent from receiving custody of their children. In some cases, the court may order the parent to undergo counseling or correct other issues that could imperil the safety and well-being of children, after which the order may be revisited. However, in extreme cases, they may terminate your parental rights entirely and give permanent child custody to the other parent.

2. Excessive Friction

Shared custody arrangements require some degree of cooperation, which can be impossible if the parents cannot stop fighting. Being exposed to constant conflict can be damaging to a child’s mental and emotional health, so a court may award sole custody if the parents simply cannot work together.

3. The Preferences of the Children

While courts are not bound to honor the preferences of the children, judges may take their wishes into consideration, depending on their age or maturity level. In general, the older the child, the more weight the court will give to their preferences in the custody decision.

If you’re involved in a contentious child custody battle, the attorneys at Brown, Burgoon, & Hartnagel, PC will strive to protect your rights and preserve the relationships with your children. They’ve been serving New York’s Rockland and Orange counties since 1992, providing exceptional service in a broad array of family law cases. Visit their website for an overview of their extensive legal services. Call (845) 624-1966 to discuss your legal options with a professional.