Michigan family courts prefer joint custody, where both parents actively share the decision-making and day-to-day responsibilities of raising the child. However, there are instances when a court may decide that awarding sole custody is ideal in light of the circumstances.
When one parent has sole physical and legal custody, the child lives mainly with that parent, who has the sole authority to make important decisions about the child’s life. Below are some reasons a judge may award sole custody.
Parental unfitness or absence
If one parent is deemed unfit to care for the child, the court may award sole custody to the other parent. Parental unfitness can stem from issues like substance abuse, physical or emotional abuse or mental health challenges. That said, the court must be convinced that the parent’s behavior poses a risk to the child’s well-being.
Similarly, a judge may award sole custody if one parent is absent from the child’s life or fails to maintain regular contact. Courts assess each parent’s consistency and active participation in the child’s upbringing and could limit the custodial rights of an absent or neglectful parent.
Inability to co-parent
If the parents have significant conflict and cannot communicate or cooperate effectively, the court may decide that joint custody is not feasible. Sole custody may be granted to protect the child from a hostile or unstable environment.
The child’s best interests
The primary factor in custody decisions is the child’s best interests. This includes their safety, emotional well-being and stability. Sole custody may be awarded if the judge deems it best for the child’s overall welfare and development.
If you are navigating a custody dispute, seeking sole custody or contesting it, seeking legal guidance can help you understand your options, gather evidence and present a compelling case that aligns with your child’s best interests.