When parents undergo divorce, many aspects of their lives change. There are financial adjustments that you'll have to make, emotional changes and even changes to your child's routine. Years of research show that children handle divorce best when both parents remain in their lives. This is why co-parenting plans are often preferred over sole custody.

However, there are cases where a parent may not be capable of taking care of children from their marriage. If you feel that your former spouse fits this category, you may consider arguing for sole custody over your children.   

The best interest approach

Many sole custody cases require a high threshold of evidence by the court. Unfortunately, it can be challenging to prove that a parent is fully unfit to be involved in their child's life. Courts often refrain from making such decisions because of the consequences that may result if your claims aren't valid.

A family court will prioritise the needs of the child during divorce proceedings. The goal is to have kids undergo minimal disruption to their daily routines. Parents who are looking to argue for sole custody would need to show that the best interests of their children go against a joint parenting plan.  

Factors that help show a parent is unfit to provide care

If you feel that your former spouse shouldn't be a part of your child's life, there are certain situations that will help prove your case. The following factors will be strongly considered by the court to help you present a case for sole custody.

Drug or alcohol abuse

If your former spouse had a drug or alcohol problem that negatively affected the family, you'll have a strong case for sole custody. Some spouses may struggle with addiction and end up exhibiting harmful behaviour to you and your children. For example, the parent may neglect their financial responsibilities or engage in domestic and emotional abuse.

A family court will consider such cases and put measures to protect you and your children. These measures may include sole custody.  

Financial management

Financial instability doesn't mean that a parent is incapable of taking care of their kids. In the context of a custody case, it refers to making sound financial decisions that are in the best interest of children in your household. A parent who frequently neglects the well being of their kids may be determined as unfit for custody by the court, even if they have a higher income or more assets.

Ability to provide a safe and secure environment

Part of parenting is protecting your children and ensuring that they have a welcoming environment. If your former spouse is unable to meet this requirement, the court may decide to award you sole custody in the best interest of your kids.

For more information about family law, contact a local resource.