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Why Some Clients Regret Pushing for Sole Custody – and What We Recommend Instead

Jul 17, 2025

Why Some Clients Regret Pushing for Sole Custody - and What We Recommend Instead

While it’s common for parents to desire sole custody of their children following a divorce or separation, it may create unnecessary emotional strain and long-term conflict, whereas a collaborative approach focused on shared decision-making and co-parenting tends to benefit both parents and children in the long run.

Key Takeaways:

  • Sole custody can lead to burnout and emotional toll on the custodial parent, with little support.
  • Children thrive when both parents are involved, and shared custody provides stability.
  • A co-parenting approach reduces conflict, promotes better communication, and creates a healthier environment for the child. 

Divorce and custody battles can bring out intense emotions. Parents understandably want what’s best for their children, but sometimes, in the heat of the moment, they can make decisions that they later come to regret. One of the most common regrets parents have is pushing for sole custody of their children without fully understanding the potential consequences.

While the desire for full control over parenting time is natural, pursuing sole custody is not always the best option for the long-term well-being of both the children and the parents. In this blog, we will walk you through why clients sometimes regret pushing for sole custody and provide an alternative approach that may better serve your family in the long run.

The Emotional Toll of Sole Custody

Pushing for sole custody often stems from an emotional place. A parent may feel betrayed, hurt, or angry and might want to “win” the case, especially if they feel the other parent has not been present or has been unfit in some way. However, the reality of sole custody can be more overwhelming than expected.

When one parent has sole custody, they are responsible for almost every major decision regarding the child’s upbringing. This includes things like school choices, health care, and extracurricular activities. The sole custodian may think they can handle all of this independently, but the burden can be heavy. Juggling the day-to-day care of a child while managing these critical decisions can quickly become overwhelming, especially if the child’s other parent is completely removed from the equation.

Sole custody also removes the potential for collaboration and support. A parent who is the sole decision-maker might feel isolated, particularly in high-stress situations where having input from both parents could make a big difference. While shared custody doesn’t always mean equal time with the child, it does create a more balanced environment for both the children and parents.

Impact on the Child’s Emotional Well-Being

While sole custody may seem like the best option to protect the child, it can sometimes have negative effects on the child’s emotional well-being. Most children benefit from having both parents involved in their lives, even if they don’t live under the same roof. In many cases, children who are cut off from one parent might experience feelings of abandonment, guilt, or confusion. These emotional challenges can have a lasting impact on their mental health.

Having both parents involved provides children with a more stable and secure environment, reducing the feelings of tension that can arise in situations where one parent is “missing.” Even if a parent isn’t perfect, their presence can help balance out the child’s emotional life and offer different perspectives.

Moreover, if one parent aggressively pursues sole custody, it could unintentionally create a rift in the child’s relationship with the other parent. It may make the child feel like they have to choose sides, which can be extremely harmful in the long run. Children thrive in environments where both parents can communicate and cooperate, even if they are no longer together.

The Risks of Sole Custody in Colorado

Colorado courts generally prefer joint custody arrangements unless there’s a compelling reason to award sole custody. According to Colorado law, joint custody is encouraged because it allows both parents to share in raising the child and making important decisions together. Sole custody is typically only awarded if one parent can prove that the other parent is unfit, either due to abuse, neglect, or other serious concerns.

In Colorado, the court’s primary concern is the best interests of the child, which includes factors like the child’s emotional and developmental needs, the ability of each parent to provide a stable home, and the relationship between the child and each parent.

In many cases, a parent who aggressively pushes for sole custody may unintentionally appear as though they are prioritizing their own desires over what is best for the child. It’s important to approach custody arrangements with a focus on cooperation and maintaining both parents’ involvement in the child’s life, whenever possible.

The Potential for Conflict and Long-Term Custody Battles

Another reason clients often regret pushing for sole custody is the ongoing conflict it can cause. If a parent aggressively seeks sole custody, it may make co-parenting even more difficult. The other parent may feel alienated, and the tension between the parents can linger long after the custody case is settled.

This ongoing conflict can hurt the child’s relationship with both parents, creating unnecessary emotional strain. Additionally, ongoing battles over visitation schedules, parental decisions, and even finances can drag on, making it harder for everyone to move forward. The more you push for sole custody, the more potential there is for conflict and long-term battles, which will only increase stress for both parents and children.

What We Recommend Instead: Focus on Collaboration and Co-Parenting

While some situations (like abuse or addiction) might require pushing for sole custody, it’s generally better to focus on collaboration and co-parenting. Instead of seeking sole custody, try to approach your case with the goal of shared decision-making and keeping the other parent involved in your child’s life. Here’s why:

1. Emphasize the Child’s Best Interests

Courts in Colorado will always prioritize what is best for the child. Focusing on co-parenting and maintaining both parents’ involvement sends the message that you care about the child’s emotional health and stability. It also shows the court that you are willing to work together for the good of your child, which may make the court more likely to award joint custody.

2. Avoid Burnout and Stress

By sharing decision-making responsibilities with the other parent, you avoid the potential burnout of handling everything yourself. You will have someone to lean on for support when making tough decisions, which is not only better for you but also for your child.

3. Create Stability for the Child

Children thrive in stable environments where they feel loved and supported by both parents. Joint custody allows them to maintain relationships with both parents, which can provide a sense of security. It also gives them the opportunity to develop a strong bond with both parents, regardless of whether those parents are together or not.

4. Foster Better Communication

Instead of letting emotions guide the process, focus on fostering positive communication with the other parent. This will not only make the custody process easier but will also benefit you in the long run, especially if issues arise in the future. Communication is the key to making co-parenting work, and the more you communicate openly and respectfully, the more successful the arrangement will be.

5. Avoid Long-Term Conflict

The long-term benefits of cooperation are immense. When both parents share responsibility, the chances of a peaceful, functional co-parenting relationship increase, reducing the likelihood of future conflicts. It can also teach your child valuable lessons about working together, compromise, and respect.

Let New Leaf Family Help You Make the Best Decisions for Yourself and Your Family. Get Tailored Advice Today by Booking Your Free Case Evaluation.

At New Leaf Family, our experienced Colorado custody lawyers advise clients to consider the long-term implications of their decisions. Sole custody might seem like the best option in the moment, but it often leads to regret and unintended consequences. By focusing on co-parenting, shared custody, and the best interests of your child, you can create a more stable and healthy environment for everyone involved!

If you’re facing a custody battle, remember that collaboration and open communication can often lead to better outcomes for you, your child, and your future. Instead of pushing for sole custody when it may not be the right move, think about how you can work together with your co-parent to create a positive and lasting arrangement that benefits everyone.

If you’re finding this difficult and still on the fence about whether sole custody is the right choice, our team is here to help. With decades of collective experience, we’ve worked with countless clients who were facing the same struggles as you are. We’ll take some time to learn about your situation, understand your reasons for seeking sole custody, and guide you in the right direction.

Book your free case evaluation today to take the next step. 

Christopher Anderson

Christopher Anderson

Attorney

Christopher is a really smart guy (no … he did not write this!) He can analyze and pick apart a dense legal argument like nobody’s business, and then in the next breath explain special relativity or space-time to an 8-year-old. And Christopher has a passion for changing the way Family Law is practiced. He founded New Leaf Family with the dual purpose of: Working to empower clients to make the best decisions for themselves and their families; To make the financial aspect of Family Law more predictable and straightforward for clients. By keeping most decisions in the hands of our clients, Christopher believes they will have more satisfaction with the outcomes, and their families will come through to the next chapter in much better shape. Christopher received his A.B. from Cornell University a really long time ago, when some men had mullets and still took themselves seriously. After Cornell, Christopher went to Georgia, and achieved his J.D.. from the University of Georgia, around the time when you’d hear songs on the radio about things being “ironic” that really aren’t. Christopher started his legal career by prosecuting bad guys accused of horrific sex, crimes for the Bronx District Attorney’s office, and the courtroom became his second home. Over the years he has practiced in several different areas, handling matters as diverse as nasty divorces and custody battles to serving as general counsel to tech companies to representing pilots in licensing issues. In addition to being a scary trial lawyer when called upon to whip out those skills, Christopher also has developed a habit of being invited to give talks to other lawyers about legal technology and law practice management at big lawyer conferences, and works to help other lawyers across the country to improve their law firms as well. Like Penn, Christopher is admitted to practice law in the state and federal courts of Colorado, New York and Georgia. Christopher enjoys snow skiing, oenology, quantum mechanics and astrophysics. He is a frequent, if not always enthusiastic, runner. He is conversational in Dutch and roots for the Netherlands during the World Cup. He makes a mean cappuccino and prefers his martinis stirred, not shaken.