Shared custody is often the outcome of divorce proceedings in Louisiana if parents have children together. Even when the parents experience intense conflict with one another, they may eventually find a way to work with one another for the sake of their children.
Other times, the prospect of cooperation seems all but impossible. Perhaps there is a history of violence, or one parent has proven so volatile that the other does not think they can provide the right structure and guidance for the children. Occasionally, one parent hopes to secure sole custody of their children during a Louisiana divorce or nonmarital split.
How can a parent obtain sole custody?
By cooperating with the other parent
Typically, both parents in a family want a chance to spend as much time with the children as possible. However, not every parent enjoys a strong bond with their children or feels comfortable with the responsibility of parenting.
Some adults love their children but do not have the time or emotional regulation necessary to effectively parent. If someone recognizes that they struggle to meet their children’s needs, they might agree to accept only visitation instead of seeking shared custody. Parents can submit their own custody proposal to the Louisiana courts for review and approval as part of an uncontested divorce.
By proving an unacceptable risk to the children
Without a firm agreement between parents, the best chance of a sole custody arrangement comes from showing that one parent cannot meet the needs of the children. Louisiana judges typically need to settle contested custody matters by setting terms that they believe would be in the best interests of the children.
If one parent has evidence of domestic violence, drug abuse or highly unstable living circumstances, those factors could influence what a judge believes is in the children’s best interests. Simple accusations typically are not sufficient to convince a judge to limit one parent’s time with the children if they request shared custody. A parent claiming sole custody is in the best interests of the children needs documentation supporting that assertion.
When someone believes that protecting their children requires that they obtain sole custody of them in a divorce, they may require help preparing for court. Knowing what is necessary to secure the best outcome in a Louisiana divorce may inspire people to seek legal guidance when preparing for their upcoming legal challenges.