O’Donnell filed for divorce from Michelle Rounds in February just a couple of weeks after she abruptly left “The View.” Things appeared to be going smoothly until this week when Rounds filed for sole custody of the couple’s adopted daughter Dakota.
Round’s attorneys told the New York Post’s Page Six that Rounds filed for sole custody because it
But reps for O’Donnell scoffed at that notion, telling the paper that Rounds’ attempts at obtaining sole custody was for her own personal “gain,” suggesting that she is motivated, not by concern for her child, but by money.
O’Donnell and Rounds quietly separated last November, but O’Donnell did not file for divorce until February of this year.
When they married three years ago, they signed a prenuptial agreement so the financial aspects of their divorce should already be settled, though Rounds has the right to contest the agreement. As for child custody, Dakota was not adopted until a year after they signed the prenup.
This will be O’Donnell’s second divorce so she knows how the process works and likely already has a divorce law firm lined up help her with this dissolution.
Asking for sole custody can lead to an ugly and extended battle for a number of reasons. For one, the courts are very wary of this custody arrangement unless a child’s safety is at risk. Psychologist and children advocates agree that children are able to better adjust to divorce when both parents are involved in their lives.
Secondly, in order to secure sole custody, the parent seeking sole custody must be able to prove the other parent is unfit because of a history of neglect, abuse or drug addiction. That means the parent seeking sole custody has a high bar of proof they must meet and really needs child custody attorney working on their case. Sole custody can be difficult to obtain so it’s best that a divorcing party only considers this option if their child is in danger, not to get back at their ex.
Increasingly, courts prefer to award divorcing parent joint custody, which allows children to spend time with both of their parents. With joint custody, both parents are present in a child’s life and make decisions about their child’s upbringing, health and education together.
The family law attorneys at USAttorneys strive to make the divorce process as painless as possible for you and your children. They understand how the law works and will help their clients in any way they can. Diving into a child custody case is very unwise and could jeopardize the outcome of your divorce. A child custody attorney will listen to your concerns and using their experience help get a custody arrangement you and your spouse find acceptable.