Sole custody vs Joint custody: What is the difference? When determining custodial arrangements for parents, the court considers many factors in order to ensure that the best interests of children are prioritized. Seeking and understanding all legal options can help to make an informed decision about what is best for your family’s situation.
In this blog post, we look at day-to-day differences between sole and joint custody—the two main types of child custody granted by a court—along with associated considerations such as visitation rights, roles and responsibilities, geographical implications, and more.
We will also explore how these legal forms can be most effectively administered so that any personal preferences or circumstances may be accounted for during negotiations in court.
Keep on reading for Sole custody vs Joint custody.
Legal Custody and The Differences
Legal custody is the sacred task of making important decisions about a child’s life, such as:
- Schooling
- Religion
- Medical Care
- Counseling
- Housing
Joint legal custody
When joint legal custody is established, both parents are held to a legal responsibility for jointly making decisions about the child. If one parent begins taking unilateral action without consulting their co-parent, they can face judicial consequences.
At the time of deciding on joint custody arrangements, it’s important to establish which topics require mutual agreement and those that do not need further discussion between both parties in the future.
Sole legal custody
Having only one parent with sole legal custody implies that they are the single decision-maker for a child’s life. This may be ideal if one partner was accustomed to being in charge during marriage. That does not mean, however, that a non-custodial parent cannot make basic decisions about their children when in their care and presence.
How about the differences of sole custody vs joint custody in physical custody?
Physical Custody and The Differences
Endowing exclusive physical custody of your children to one parent is a major decision. With sole custody, the custodial parent could even take their offspring across state lines without consulting with or informing the non-custodial guardian if no other rulings in regards to legal parenthood are contravened.
Joint physical custody
Joint physical custody is the most ideal arrangement to ensure that both parents are actively involved in their children’s lives and demonstrate how much they value them.
Unfortunately, it can also create an atmosphere where kids get stuck in between parental disagreements and complicated legal proceedings. Still, with a good relationship between the two parties, this could be avoided.
Sole physical custody
Just because one parent is recognized as the primary guardian doesn’t mean that the other parent has to be completely cut off from their children.
Visitation rights in sole physical custody are often established in such a way that both parents can spend meaningful time with them, commonly occurring on alternating weekends.
Visitation Rights
In sole custody, the non-custodial parent is generally granted visitation rights. Visitation rights allow the non-custodial parent to spend a certain amount of time with their child in accordance with an agreed-upon parenting plan.
It is important to note that sole custody does not necessarily equate to sole decision-making power; the sole custodial parent is expected to consult with the non-custodial parent before making decisions regarding a child’s welfare.
In joint custody, both custodians have equal legal rights and responsibilities when it comes to their shared occupancy of the residence in which the child resides.
This means that they are both responsible for making decisions and providing a safe and nurturing environment for their child. As with sole custody, visitation rights may also be granted to the non-custodial parent in cases of joint custody.
There is one more thing to consider when it comes to sole custody vs joint custody.
Geographical Implications
Sole custody raises territorial issues which can become contentious if the sole custodian wishes to move far away from the other parent. In sole custody arrangements, the sole custodial parent must provide advance notice and proof of their intended move to the court. The non-custodial parent has a legal right to object to this relocation provided that they can show how it would be against the best interests of the child.
In joint custody, both parents are equally vested in the decision-making process, meaning that both must agree to any relocation of the child prior to it taking place. Because joint custody helps ensure a more consistent relationship between parents, this is generally seen as a more beneficial arrangement for all parties involved.
Now we all know about sole custody vs joint custody, how about which one is recommended?
Which One do Attorneys Suggest?
Attorneys often suggest sole or joint custody as is most appropriate for the circumstances. Depending on the individual dynamics between parents and their child, sole custodial parenting may be necessary if one parent is deemed unfit to provide proper care by a court.
However, in cases of strong parental bonds and cooperation, many attorneys suggest joint custody as the best option. This arrangement allows for both parents to remain actively involved in the child’s life, while retaining equal decision-making power and responsibility.
FAQs of Sole Custody vs Joint Custody
Which is biased by judges: sole or joint custody?
Judges generally remain neutral when it comes to sole custody versus joint custody, and instead make decisions based on the best interests of the child.
What rights does a sole custodian have?
A sole custodian has the legal right to make decisions regarding their child’s wellbeing such as healthcare, education and religion.
What is the widely accepted custody arrangement for children?
Where feasible, joint custody is the optimal option and most common arrangement among parents with young children. In this scenario, both parents hold legal rights to all their kids’ care.
At what age can a child decide which parent to live with?
A child cannot legally decide which parent to live with until they reach the age of majority, meaning 18 or 21 depending on the state. Until then, sole physical custody is typically awarded to one parent by a court as part of a legal separation or divorce proceeding.
Is it possible for a court to mandate that a child visits their father?
The court can mandate that a child stays with one or both parents and also outline when the kid is to be living with each parent. In cases when they are under the care of just one guardian, there may additionally be instructions from the ruling body as to how frequently contact should occur between them and their other guardian.
Can a mother deny a father access?
Fathers hold the same rights as mothers to spend time with their child, and such contact cannot be denied without legitimate worries that it could detrimentally impact the wellness of a youngster.
Conclusion
The sole custody vs joint custody debate can be a difficult one to navigate. Every family is unique and it is important to consider the best interests of all parties involved.
Ultimately, attorneys usually advise that sole or joint custody be granted as deemed most appropriate under the circumstances of each individual case. Regardless of which option is chosen, both parents should strive to provide a safe, nurturing environment for their children.
