When people get married and have children together, they typically plan to raise their children jointly. However, when their relationship ends, there may be many questions about what happens next. Many people have heard nightmare stories where one parent effectively ices the other out of the lives of their shared children by seeking sole custody.
Some people are so anxious about contentious custody matters that they give up their parental rights prematurely without ever learning about their options or asking the courts for support. Others go the opposite route and may agree to share custody with someone who is unstable or abusive because they assume that any attempt to push back on shared custody could result in allegations of parental alienation.
Is it true that shared custody is a universal expectation when parents divorce?
Joint responsibility is the standard expectation
Georgia state law requires that family law judges carefully consider the best interests of children when resolving disagreements related to parental rights and responsibilities. There is a presumption that giving each parent a degree of parenting time is the best option.
Most divorces result in a shared parenting time arrangement. It is also standard for the courts to have parents share legal custody or authority to make decisions about their children.
While one parent might technically have more time with the children and can therefore use their address as the children’s address, both parents usually have time with the children and a degree of authority over them. They may even need to work cooperatively to make important decisions, such as what school their children may soon attend.
Unless there are compelling circumstances that raise questions about the safety of the children, judges usually expect parents to work together to raise their children cooperatively. However, there are scenarios in which judges may limit one parent’s access to the children or legal authority.
In scenarios involving neglect or abuse, a parent who has previously failed to meet their children’s needs may have limited parental rights and responsibilities after a divorce. Parents hoping to push for sole custody or supervised visitation generally need evidence that can convince the courts that the other parent might represent a threat to the children.
Learning more about how the courts handle litigated child custody matters can empower parents to push for the best possible outcome. Most of the time, parents share time with their children and legal authority over them unless they reach an agreement or face an unusually challenging situation.