Divorcing parents have a lot of difficult decisions ahead of them. They have to find ways to share placement or time with their children and custody or legal authority. Doing so can be a challenge, especially if parents have experienced a significant decline in the quality of their relationship with one another.
In some cases, one parent may approach the divorce process seeking primary placement. In other words, they want their child to be in their home most of the time. The courts can also order shared placement, where each parent has at least 25% of the parenting time. Shared placement is a common arrangement, as the courts generally want parents to share time with their children. When can one parent reasonably seek primary placement?
When the parents agree
There are many scenarios in which one parent may not be capable of fully sharing parental responsibilities. They might have medical challenges or a very demanding career. They may struggle with substance abuse or may not currently have a place to live.
People who recognize that they are in unstable circumstances may agree with the assertion that they cannot share placement of their children. They may accept visitation as an alternative. Parents can arrange whatever division of placement and custody they believe is in the best interests of their children if they agree on terms.
When there are dangerous circumstances
If parents do not agree on placement and custody issues, then a judge must make the final determinations. If one parent wants primary placement but the other opposes their request, compelling evidence is typically necessary. The parent must show that the children being with them most or all of the time is in the children’s best interests.
Police reports affirming substance abuse or domestic violence can be helpful. So can medical records affirming major health conditions or injuries sustained due to abuse. Generally speaking, there need to be verifiable reasons for a judge to agree to limit one parent’s time with their children.
Typically, judges try to do what is in the best interest of the children, and they often decide that shared placement and custody is the best outcome. Reviewing family circumstances can help people better understand their options in an upcoming custody matter. Primary placement is an option in some cases but may not be particularly realistic in others.