A parent can have either sole physical or sole legal custody, or both, meaning exclusive rights to a child. Sole custody is most often awarded in cases where one of the parents is unfit to take care of the child. In this instance, both physical and legal custody is given to one parent while the other will have either supervised or unsupervised visits with the child, depending on the details of the case.
In some cases, a parent is granted sole physical custody but both parents share joint legal custody.
The differences between sole legal custody and sole physical custody are:
- Sole legal custody describes when one parent has the right to make all major decisions regarding the child’s welfare, including place of education, medical care and any religious or emotional matters that will determine the child’s development.
- Sole physical custody is awarded when the child resides with, and is under the supervision of one parent, while having visitation arrangements with the other parent, unless otherwise determined by the court (such as if the other parent is a danger to the child).
In either case, the court will decide what arrangement is in the best interest of the child.
What Are the Benefits of Sole Custody?
Sole physical and legal custody allows the assigned parent to make all decisions regarding the child without consulting the other parent. This allows the child to have a stable and predictable routine, rather than one that may have conflicting input from the divorced parents. Relocation, with regard to sole custody, is dependent upon if the other parent has visitation rights or not. If visitation is involved, the custodial parent must request a decision by the court before moving, so that it does not jeopardize the arranged visitation.
Your Custody Case: We Can Help!
We know how stressful and frustrating it can be to fight for the rights of your child. Child custody decisions are often grueling and emotional in divorce proceedings. It is our job as Jacksonville family law attorneys to support and protect your rights and speak for the welfare of your child. We understand how important it is for your child to be in the best home environment possible, so we are passionate in our fight for your custody.
Call our teamtoday to discuss your case: (904) 770-3141. To contact us online, click here.