If the average person hears the words “sole custody,” they assume it means that the child lives solely with one parent and the other parent has barely any parental responsibilities. However, sole custody is usually broken down into a number of aspects, all of which need to be determined by the court. Often the court divides sole custody into two categories:
- Sole physical custody – This means the child lives with one parent full-time. The child does not live with the other parent or split their time between households. In some cases, the parents may agree to visitation arrangements, either informally or formally, through court-mandated schedules. The courts usually recommend some sort of visitation schedule, even at least supervised visitation, unless it deems visitation harmful to the child.
- Sole legal custody – The parent with sole legal custody does not need to involve the other parent in decision-making for their child. This means they can make decisions about education, discipline, religion, or even medical care on their own. Sole legal custody only applies to large decision-making. The parent without sole legal custody would not need to consult the other parent on small day-to-day decisions while they had visitation.
What Is Sole Custody?
The general term “sole custody” often refers to a parent having both sole physical custody and sole legal custody. In this sense, sole custody would mean that the parent has complete rights over the child and the other parent has very little input in the child’s upbringing. Sole custody is very rare and only granted if the other parent is deemed unfit through mental illness, addiction, or child abuse.
Even if one parent is given sole custody, the non-custodial parent still retains their parental rights and is often allowed visitation. If the court believes the parent poses a threat to the child, they may mandate supervised visits.
When seeking sole custody of a child, it is important to discuss with your attorney what your objectives are. If you win sole physical custody of a child, you may not have sole legal custody of the child and will need to discuss major decisions with the other parent. Similarly, if you are given sole legal custody of a child, it may be for practical reasons, and the other parent may still get to share physical custody of the child.
Does Sole Custody Mean the Custodial Parent Can Cancel Visitations?
No, even if one parent is granted sole custody, the court will often require visitations with the non-custodial parent. If the court believes that the non-custodial parent is unfit to look after the child unsupervised, then it may order supervised visits. Depending on the nature of the threat to the child and the relationship with the custodial parent, the supervisor may be the other parent, a friend or a family member, or it may be a professional. If it is a professional, then these sessions would be booked in advance, and it would be more difficult to reschedule.
If the parents are able to communicate on good terms, then the visitation schedules may be more flexible and informal. The Custodial parent should try to schedule visitations in advance and respect the pre-organized visitations when planning their and their child’s schedule. Rescheduling should be mutually agreed to and not force the non-custodial parent to give up a visit.
Will I Get Sole Custody?
If you are considering sole custody, you should speak to an attorney about the reasons why. They will be able to advise you if it is realistic to pursue sole custody and what you will need to prove in order to obtain sole custody. In some cases, they may be able to suggest something that may give you the same results that you wanted from sole custody.
Generally, a court will consider what is in the best interest of the child when making custody decisions. They will consider the stability of each parent, the involvement in the child’s rearing and activities, and if the child is old enough, the wishes of the child.
A court will grant sole custody in circumstances when one parent is deemed unfit to have custody over the child. For example, if one parent is abusive or neglectful, then it suggests that the child may be in danger if they lived with that parent. It also suggests to the court that the parent may not have the best interest of the child in mind when making big decisions.
If one of the parents is mentally unstable or has an addiction, then they are also seen as a threat to the child. The court may order sole custody in order to protect the child from poor living conditions and the unpredictability of their parent’s condition.
Sole custody is not always awarded just because one parent is unfit. You can seek sole custody if one parent is relocating and you wish to keep the child in the same school. Again, the court will weigh up many factors in making their decision and might not award sole custody to the parent staying in the area. While it is impractical to have split custody agreements for parents living in different states or countries, the court will still create a visitation agreement. If one parent is incarcerated, the court will also likely award sole custody to the other parent as the incarcerated parent is unable to home or care for the child.
If one parent has shown little interest in their child or abandoned their child, then you can also petition for sole custody. Following separation, one parent may move away to focus on themselves and cut contact with their child and co-parent. The co-parent is justified in asking the court for sole custody to prevent the other parent from dropping in and out of their child’s life as they see fit. The court will look at the contact between all parties to determine if the lack of involvement justifies sole custody.
In all custody decisions, the court acts on behalf of the child. It will not work to punish one parent or reward the other parent.