Wednesday, 28 Sep 2022

Difference between Shared and Sole Custody Explained in Brief

First things first, you need to keep in mind that there are two kinds of custody: legal and physical. Legal custody is where the parents have a right to make decisions on child’s behalf and have access to their private info. Physical custody is where the parents have a right to be present in child’s life and let the child live with them. Custody decisions must showcase the legal and physical custodial rights of a parent. Both can be either sole or shared. 

Shared custody

Here the courts consider the child to stay in regular touch with the parents after the divorce. It is deemed that maintaining relationships with both parents is always good for them and gives them the stability and normalcy which is much needed after a divorce. The best way to do this is by having shared legal and physical custody of a child. Let Andrew Heft child custody lawyer help you with the same. Shared custody is where both parents have the right to make the decisions for their child as well as being present in their life as well. The parents will also have to make compromises along and work together with whatever is best for their child.

Sole custody

Courts always seek ways for letting parents make a shared custody work. But, there are times when nothing comes in helpful despite leaving no stone unturned. This takes place when it has been proven where parents are not physically, emotionally or psychologically able to look after their child. Sole custody is preferable when:

  1. The parent is addicted to drugs or alcohol
  2. The parent suffers from mental or physical illness
  3. The parent has a history of domestic abuse
  4. The parent travels quite often and cannot keep the home stable for the child
  5. The parent is visibly absent from their child’s life.

Sole custody also comes in handy when the parents live far from each other after a divorce. For instance, a shared physical custody arrangement fails if one parent lives in New York and other lives in Texas. This is deemed unfair to the child and would need them to spend half of their life in one state and remaining in the other.

But know that sole custody doesn’t mean that the non-custodial parent cannot see their child. This can sometimes be arranged like both parents agree that it is best for their child. Sometimes this has to be done to protect the child from potential dangers that a parent may subject. The non-custodial parent does have a few visitation rights.