Sole custody is a term that refers to one parent having both physical and legal custody of a child. Sole guardianship gives the awarded party full rights to make decisions concerning the child without consulting the other parent first. A father with sole custody can relocate with the kids without seeking the approval of the children's mother. If a parent is awarded sole custody of a child it means that they get physical and legal rights over the child.
This means they are in charge of all of the important decision making that pertains to the child. These decisions include:. Sole custody also means that the child lives with the parent that is awarded custody to.
This parent has the right to move the child without the approval of the other parent. Although the parent with sole custody has decision-making rights they can not deny the visitation rights of the other parent.
Even when sole physical custody is awarded to one parent it is more common to award joint legal custody. The court will generally reject a request for sole custody in a situation where both parents are deemed to be equally fit but are simply looking to avoid communication with each other. If this is the case, the parents need to work out a way to communicate effectively for the sake of the children.
At some point, your ex may claim he or she has spent more money on the kids than you have, and a judge will appreciate your detailed records. For more information about child support, including how it's calculated, see DivorceNet's section on Child Support.
The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice.
Meet the Editors. The Different Types of Child Custody. Learn the difference between legal custody, physical custody, sole custody and joint custody. Physical Custody Physical custody means that a parent has the right to have a child live with him or her.
Legal Custody Legal custody of a child means having the right and the obligation to make decisions about a child's upbringing. Sole Custody One parent can have either sole legal custody or sole physical custody of a child. Joint custody may be: joint legal custody joint physical custody where the children spend a significant portion of time with each parent , or joint legal and physical custody. Joint Custody Arrangements When parents share joint custody, they usually work out a schedule according to their work requirements, housing arrangements and the children's needs.
Child custody includes both physical and legal custody. Physical custody encompasses where the child lives and who cares for them. Sole physical custody also called sole residential custody, sole parenting time, etc. In almost all cases, the other parent — called the noncustodial or nonresidential parent — gets regular visits with the child.
The alternative to sole physical custody is joint physical custody. Custody X Change is software that helps parents create a sole custody schedule and custody agreement. It's important to remember that sole legal custody is different from sole physical custody. Sometimes the non-custodial parent will still get visitation rights including sleepovers and vacations together. But other than that, one parent has physical custody of the child. The only time visitation does not occur is when it's unsafe for the children to be with the non-custodial parent because of issues like abuse, neglect, instability, or substance misuse.
Having sole physical custody does not give one parent the right to make all the decisions though. For that to happen, they need to also have sole legal custody. This type of custody gives one parent the legal right to make all decisions regarding the children. Sometimes physical custody and sole legal custody are awarded together, but this is not always the case.
A parent can have physical custody and not have sole legal custody or vice versa. In many states, sole legal custody is becoming less common unless joint legal custody is deemed unsafe for the child. Here are the pros and cons of sole legal custody.
Keeps children safe when one parent is ill-equipped to make decisions due to issues like substance use, instability, and abuse. May limit the involvement of one parent and potentially causes children to view that parent as less important.
Sole legal custody is often appealing to parents because of its simplicity—no one has to be consulted when a decision is made. But regardless of the appeal, sole legal custody is not meant for situations where parents simply have different child-rearing philosophies or difficulty collaborating.
Instead, sole legal custody is meant for situations where it is clear that one parent is more equipped or available to make sound legal decisions. For instance, when one parent travels outside the country a great deal, is moving out of state, or presents issues with substance use, child neglect, or domestic abuse, sole legal custody is a reasonable expectation.
0コメント