If you are getting a California divorce and you share minor children with your spouse, one of the biggest determinations to be made is the custody status of the kids. If you are enmeshed in a contentious divorce, your first instinct might be to pursue sole custody of your children.
While this is not always a negative position to hold, it can often be more problematic than joint custody. Let’s explore why below.
Joint custody is favored by the courts
The position of the California family law courts when deciding child custody is that, barring extenuating circumstances that could harm the children, their lives are more enriched from having a relationship with both parents.
But there are several circumstances where the negatives of joint custody outweigh the positives. Some are listed below:
- There’s a history of domestic violence by one parent
- Alcoholism or drug abuse by a parent
- Inability of a parent to care for their child due to incapacity or other causes
Any of the above should be addressed by the court during the custody proceedings so that it can make an informed decision about child custody.
Advantages of sole custody
Regardless of the children’s living situation, joint custody allows both parents to decide important matters involving the kids, like:
- Their religious persuasion
- The schools they attend
- Medical decisions (including whether to vax)
- Travel plans
- Participation in sports and extracurricular activities
Most parents want to be involved in the decision-making process for these important choices, which is why joint custody is typically preferred and works best. But sometimes, a parent is unwilling or unable to meaningfully partake in these decisions due to untreated mental health issues or physical conditions.
In those cases, the better-functioning parent may be awarded sole custody (at least in the interim).