No two marriages are the same. An issue that becomes unresolvable to one couple might be irrelevant to another. There is no way to predict with certainty what might cause a particular New Hampshire couple to file for a divorce. When children are involved, each pair of spouses must create a child custody plan, either through their own negotiation and discussion or by seeking the court’s intervention to make decisions on their behalf.
Most family court judges agree that children fare best in a divorce when their parents share custody. However, there are several reasons for one parent to seek sole child custody, either physical, legal or both. Before heading to court, it is helpful to explore all options available to determine which type of custody might be in a child’s best interest in a specific set of circumstances.
Sole child custody is often best in these situations
The following circumstances may warrant an award of sole custody as being in a child’s best interests: One parent is incarcerated.
- The parents live far away from each other.
- One parent travels
- A parent is mentally ill or has a substance abuse problem.
- One parent has been abusive.
Remember that there are two primary types of custody: physical and legal. It is possible to share one but not the other or for one parent to have sole custody in both aspects of a divorce.
Modifying a child custody order
A New Hampshire judge might grant a parent sole child custody in a divorce, but that does not necessarily mean the judge will not modify the order later. If a parent requests modification, the court will review the petition and decide whether changing the existing custody order would be best for the children involved. A family law attorney can provide guidance and support regarding any child custody issue.