What Is Sole Legal Custody

The factors the court considers in determining whether sole custody is appropriate in each situation are: Depending on the jurisdiction, custody can be divided into two components, legal custody and physical custody. [2] Physical custody refers to the legal domicile of the child and the child`s place of residence. [3] Custody involves parents being involved in important life decisions that affect the child, such as important medical decisions or when the child attends school. [4] It is not uncommon for one parent with sole physical custody to share custody with the other parent, but it is rare for parents to share physical custody while one parent has sole custody. [5] [6] For example, let`s say both parents are good parents, but they live hundreds of miles apart and one parent is the primary custodial parent. In such a situation, it makes sense to have joint custody on many issues. But perhaps it also makes sense to make the custodial parent a tiebreaker in other areas. Basic parental rights are granted to custodial and non-custodial parents in each of the types of custody listed above. As mentioned earlier, with sole custody, the parent has the right to make all important decisions regarding the child`s upbringing and well-being. However, sole custody does not give a parent the right to make all decisions.

For this to happen, they must also have sole custody. This type of custody gives the parent the right to make all decisions concerning the children. Another common situation is when a parent has been actively involved in the special needs of children and especially in matters related to their therapy, counseling or medical care. This is not to say that the other parent was absolutely not involved, but the other parent may be minimally involved for some reason. We often see the situation where children`s special needs are more severe and intense and are therefore treated more strongly by stay-at-home parents. Sometimes parents just can`t work together. In these cases, sole custody may be the best option. Without sufficient evidence that the other parent`s involvement in decision-making could harm your child, your chances of getting sole custody are slim. Fortunately, the answer is no, and the court can effectively grant joint custody on some issues and sole custody on others.

You may be considered an inappropriate parent by the court. In this situation, it is more likely that the court will award sole custody to the parent who is best placed to provide adequate care for the child. Despite the fact that sole custody is an option, most states are becoming less and less forgiving in favor of agreements that increase the role of both parents in the child`s life. Even if sole custody is given to a parent, it is more common to award joint custody. While these factors are important in all custody disputes, laws and practices vary from state to state. Be sure to check your state`s child care policies. Sole custody often appeals to parents because it is easy to make decisions without having to consult anyone. However, this is not a workaround for parents who have difficulty making compromises. Before you try to get sole custody, ask yourself if you are going this route because it is the best for your children.

If you`re looking for sole custody because you want full control or you`ll never have to deal with your ex again, it`s important to realize that these aren`t good reasons. When seeking sole custody, most parents assume they are only arguing about sole physical custody. In truth, this is not the only type of custody that parents should consider. Custody must also be taken into account. You must specify in your parenting plan the type of child care your family will use. This determines who makes decisions about your children`s education, medical care, religion, extracurricular activities, etc. If you`re divorcing and have children together, you`ve probably heard the terms “joint custody” and “sole custody.” However, these phrases are often misunderstood. In the United States, custody of children can be “joint” (shared) or “alone” (given to one parent). All custody decisions are made by the court and in the best interests of the child.

If sole custody is presented by one party as the best outcome for the child, the other party will, as expected, make a strong case against losing the opportunity to share custody. Sole custody is often attractive to parents because it`s simple – no one needs to be consulted when a decision is made. But whatever the call, sole custody isn`t meant for situations where parents simply have different parenting philosophies or difficulty working together. A sole custody parent is also the only person who has the legal authority to make important decisions on behalf of the child. These types of decisions usually involve education, religion, and health care. Here`s a closer look at this type of custody, including the pros and cons of the agreement. Sole custody does not necessarily mean that you can move without court permission. If the other parent has visitation rights, the move compromises their rights and, therefore, the move is an issue that must be considered by the court. Even if you have sole custody, there are important differences between legal custody and physical custody – explained below – as you could have sole physical custody of one child, but joint custody that you share with the other parent. Historically, sole custody has been the most common form of custody granted after divorce. [3] Since the 1980s, joint custody with shared parenthood has become much more common, and in some jurisdictions there is a legal preference or presumption in favour of joint custody, joint physical custody, or both.

Research shows that children do best in joint custody arrangements or custody arrangements that give a child good access to both parents. [7] [8] David Pedrazas has assisted many people in the Salt Lake City area with detention cases over the past 20 years. He has been recognized by the National Academy of Family Law Association, the American Institute of Family Law, and the American Academy of Trial Attorneys as one of the top divorce attorneys in Salt Lake City. Can be discouraging and discouraging for the non-custodial parent Sole custody (also known as sole parental responsibility) occurs when a parent has full responsibility for making important decisions for the child. The other parent has no say, but often has access rights and the responsibility to pay child support. Below we provide you with three links on the topic of custody. Check them out to learn more about this important topic. Depending on the state in which you live, in this situation, the non-custodial parent has a visit or “parental leave” with the child and must pay child benefits to the sole custody parent. In addition, they have no decision-making power with regard to the child`s upbringing. In order to overcome the court`s automatic assumption that joint custody is in the best interests of the child, the parent must prove that sole custody is in fact in the best interests of the child. (This assumption does not apply to joint custody.) In many states, sole custody is becoming increasingly rare, unless joint custody is considered dangerous to the child.

As a result, joint custody — that is, parents are involved in decision-making — is becoming the standard decision in many family court systems. Here are the pros and cons of sole custody. The two forms of custody are physical custody and legal custody. Physical custody determines where the child will live, and custody determines which parent makes important decisions about the child`s education, health care, religion, and general welfare issues. In order for a parent to have sole custody and maintenance of the children, the court must consider a number of considerations. Let us examine these considerations. It should be noted that it is extremely difficult to obtain sole custody in Texas. Unless one parent is involved in any way, whether dangerous, criminal or abusive, the parents are designated as executive co-custodians and neither parent has the exclusive right to exclude the other parent. A court order granting sole custody to one parent can be discouraging to the other if they are invested in raising the children. When it comes to sole custody and moving, it may not be as easy as it sounds.

Although the other parent has no say, the court can prevent a move if it threatens the other parent`s visitation rights.