What does it mean to have sole physical custody?

Sole physical custody (also called sole residential custody, sole parenting time, etc.) means that your child lives with one parent, called the custodial or residential parent. In almost all cases, the other parent — called the noncustodial or nonresidential parent — gets regular visits with the child.

Can a parent win sole custody of their child?

However, it’s also important to realize that the court’s singular goal is the best interests of the child, which may or may not include a ruling of sole custody. 1 A lot of parents go into a child custody hearing with the intention of seeking sole custody.

When to get joint custody or sole custody?

Many states have laws that prefer joint custody over sole custody. Courts in these states will order joint custody as the default unless a parent can prove that sole custody is in the best interest of the child. Remember that joint custody doesn’t mean that both parents get equal parenting time with the child.

When to use a visitation schedule with sole custody?

If you have a sole physical custody arrangement you need to make a visitation schedule that shows when your child will spend time with the noncustodial parent. Some common sole custody visitation schedules include: The every weekend schedule where the child spends every weekend with the noncustodial parent.

Can a parent have sole physical custody of a child?

One parent may have sole physical custody, but the other parent may share in decisions about the child. It is rare for the courts to award sole physical and legal custody to a parent, unless the court deems that one parent is unfit.

What does sole custody mean in a divorce?

1 Physical Custody. During divorce proceedings, the court will grant physical custody to one parent. 2 Legal Custody. Regardless of physical custody, both parents usually have joint legal responsibility of their child. 3 Sole Custody. If the court awards you both physical and legal responsibility of your child, you will have sole custody.

What makes a parent unfit for sole custody?

Examples of what might make a parent unfit include: a history of violence, mental instability, drug or alcohol abuse, or neglect of the child. Even then, visitation rights might be granted under a supervised visitation agreement.

Can a judge give sole custody to both parents?

This doesn’t necessarily have to mean shared physical custody, though. A common arrangement is for the judge to award sole physical custody to the primary caregiver, but grant joint decision-making authority (called “legal custody”) to both parents.

Can a judge give your ex shared custody?

If your ex wants shared legal custody, the judge may award him this, but this only allows him to share in the decision-making about the child’s upbringing. If you and your ex have had difficulty co-parenting, the judge is less likely to award shared custody.

When does sole legal custody of a child work?

When Sole Legal Custody Works Best and When It Does Not. In general, sole legal custody is ideal in situations where one parent is not available for consultation on key decisions involving the child’s health, education, and religious upbringing.

How does sole custody work in a divorce?

One parent may have legal sole custody rights, but share physical custody through a visitation agreement. One parent may have sole physical custody, but the other parent may share in decisions about the child.

Can a girlfriend help in a custody case?

However, Cordell & Cordell has many attorneys licensed and located in Missouri who would be happy to help. Yes, having your girlfriend spend the night on weekends could make a difference in your custody case.