Determining custody is one of the most critical decisions when parents divorce, and the court’s decision ultimately depends on what is in the best interest of the children. There are many different components to sole custody and what it means for you, the other parent and your children.
The custody of your children is divided into legal custody and physical custody. Legal custody allows one parent to make decisions on behalf of the children, such as in medical or educational situations. Physical custody refers to which parent the children will live with the majority of the time, allowing scheduled visitations from the non-custodial parent.
The court can combine these two types of custody in a variety of ways. You may encounter both parents receiving joint legal custody with one parent receiving sole physical custody. In this instance, a sole custody schedule must be established to outline the time and duration of the non-custodial parent’s visits with the children.
If one parent is unfit, both legal and physical custody may be awarded to the other parent. In that case, a sole custody parenting plan will outline what the non-custodial parent can and cannot do in regards to the children. Visitation may be eliminated or structured under strict supervision.
Many courts are moving away from awarding sole physical custody and toward joint physical custody if both parents agree. Joint physical custody allows children more exposure to both parents. This type of custody works best when parents can communicate effectively, live close to each other and share the same parenting beliefs.
Because there are feelings of hurt and pain associated with divorce, some parents seek sole physical and legal custody in order to limit their children’s exposure to the other parent. Seeking sole custody becomes a weapon used to hurt each other, rather than what is best for the children.
Unless the other parent is unfit, the courts believe that interaction with both parents is beneficial to children. Studies by child psychologists on the effects of divorce have determined that children do better developmentally when they have two supportive parents involved in their lives. Therefore, the courts generally support custody arrangements that allow maximum involvement from both parents.
It’s up to you and the other parent to determine what kind of custody is best for your children. If you are seeking sole legal and physical custody, make sure it is in the best interest of your children, because the court will need to see evidence that your children will benefit from that arrangement.