The words “sole custody” mean that one parent has custody, while “joint custody” means that both parents share custody roughly equally. Think of “joint custody” as close to 50/50 and “sole custody” closer to 75/25. If both parents are available and able to make reasonable decisions, sole custody is not the best option, and the courts are unlikely to grant this request. Situations where sole custody works well include: This is becoming increasingly rare because many state policies define joint custody as custody by default. In these States, sole custody is granted only if joint custody is detrimental to the child. Can be discouraging and discouraging for the parent who is not granted sole custody When seeking sole custody, most parents assume they are only arguing about sole physical custody. In truth, this is not the only type of custody that parents should consider. Custody must also be taken into account. Exclusive ownership means exclusive ownership. It is such a complete property that no other person has an interest in the property. A person`s property is “unique” when no one other than the person as owner has an interest in the property. [Libby Lumber Co.
v. Pacific States Fire Ins. Co., 79 Mont. 166 (Mont. 1927)]. Initially, in the custody battle for Jessica, her son`s father insisted on sole custody, which we can only imagine was based on bad advice from his lawyer/friend who was not a family lawyer. He later reduced his application to joint physical custody, i.e. 50/50 time, but his lawyer should have known that he was unlikely to obtain joint custody in a lawsuit with an infant. Jessica knew this and was happy to give him standard visitation rights, but not 50/50. That`s why they fought for a year before he realized he was asking for something unreasonable thanks to his inexperienced lawyer.
Another advantage of sole custody is its consistency, which benefits children. For example, sole custody eliminates the confusion children may face when their parents make parenting decisions based on conflicting belief systems. Sometimes physical custody and sole custody are granted together, but this is not always the case. A parent may have physical custody and not sole custody or vice versa. Joint custody does not mean that both parents can micromanage each other. Day-to-day decisions such as bedtime, feeding, screen time, etc. are not important legal decisions and usually depend on the parent who has the child that day. However, it is advisable to be on the same page as your co-parent if possible so that your child experiences consistency. If you find yourself in the all-too-common battle between the mother asking for the only person and the father asking for joint custody of a child, try to compromise. Offer joint physical custody, but with a very long transition period where the child spends more time with the mother in the early years and works with both parents for up to 50-50 hours as school age approaches.
The only problem with this would be if one party decided to move further, but you could cover this in your agreement by writing that the party moving is wasting time with the child or having to make all the long-distance trips. It is intended for situations where a parent is clearly more likely to make informed decisions. If both parents are available and able to make reasonable decisions, the court is unlikely to grant sole custody. Sole custody – A parent, the one who has sole physical custody, has full decision-making rights regarding important decisions that change the child`s life, such as health and education. The visiting parent can make minor day-to-day decisions independently, but they do not have the legal authority to make long-term decisions that change the child`s life. This arrangement is unusual unless you are in a state where legal and physical custody are combined, or unless a parent has a history of abandonment or is unable to make decisions. However, sole custody does not give a parent the right to make all decisions. For this to happen, they must also have sole custody. This type of custody gives the parent the right to make all decisions concerning the children. Most (but not all) states distinguish between legal custody and physical custody, meaning they are two separate issues that need to be resolved individually. Alternatively, some states consider them connected, meaning they are a global agreement. In these states, sole physical custody comes with sole custody, and joint physical custody comes with joint legal custody.
Again, most states make a distinction so that you can have sole physical custody and shared custody, as was the case with Jessica in Pennsylvania as well as mine in Maryland.