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Schembs Law

Is joint or sole custody better for the kids?

On Behalf of | Aug 1, 2022 | Custody & Visitation

Every year, more than 15 million children are either involved in domestic violence incidents or witness violence in the home. This is a very real issue in the United States and it should never be assumed that domestic violence allegations are false. There is a reason the family courts take this so seriously.

That being said, it’s also true that courts tend to favor shared custody, rather than sole custody. If a couple is getting divorced or trying to divide up custody of a child they had when they weren’t married, the court generally wants both parents to be involved. The reasoning for this is simply that it’s been seen it’s been shown to be better for children on multiple levels, such as academic performance or social development.

How are these two issues related?

What happens is that a couple will often get to court and it becomes very clear that the court is going to share custody between both parents. They may each argue for sole custody, but there has to be a compelling reason for the court to grant it. They’re not just going to do it simply because one person requests it.

One of the main reasons that courts will give out sole custody is if there are allegations of abuse against one parent. The court wants to be very conservative in this sense, being careful not to put a child back in a home that is actually quite dangerous for that child. This could lead to injuries or even a fatal incident.

At the end of the day, this is why some parents will decide that they’re going to make up false allegations of abuse. They simply know that it may be the only way that they can possibly get sole custody, so they’re willing to do whatever it takes.

Of course, it is not legal to accuse someone of crimes they didn’t commit, nor is it fair to the other parent or the child. If you find yourself in a situation where are your ex is making these types of accusations, be sure you know what legal options you have.