What is Sole Custody?
In a divorce or separation where children are involved, there will need to be decisions made on child custody. Who does the child live with? Who makes major decisions for the child?
In most cases, the judge will order joint custody. This means the parents share physical and legal custody. Physical custody refers to which parent the child lives with. Legal custody involves making decisions for the child regarding their health, well-being, education, religion, and other major aspects of life. There are four types of child custody: joint physical, joint legal, sole physical, and sole legal.
However, there are cases in which a judge may agree on sole custody. Sole custody is an arrangement where only one parent has physical custody and/or legal custody. In sole physical custody arrangements, a child lives with one parent all the time or at least a majority of the time. The noncustodial parent may have visitation rights, which are established by the court. One parent may also have sole legal custody. This means they can make decisions for the child on their own and are not required to consult the other parent.
The courts tend to favor joint custody since children often do better when both parents are involved in their lives. However, sole custody may be better in some cases. Sole custody is generally awarded when joint custody would not serve the child’s welfare, such as in cases involving:
- Abuse or neglect.
- A parent’s inability to provide a safe environment.
- Substance abuse or severe mental health issues in one parent.
Generally, if a parent is deemed unfit, then they likely won’t get custody of the child. They may get visitation rights, which means they can have visits with the child. These may or may not be supervised.
The court makes decisions that are in the best interest of the child. The goal is to protect the child and provide consistency, and some parents have trouble working together. That means the court may look at other factors as well, such as:
- Incarceration
- An unstable home environment
- Being able to care for a child’s physical and mental health needs
- The child’s preference, if they are old or mature enough to make this decision
While no child can create a custody agreement, a child who is deemed old or mature enough may speak with the judge and discuss their preferences as to which parent they would like to live with. In New Jersey, there is no age limitation in this regard.
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Child custody can come in different forms. While joint custody is the norm, sometimes there are situations in which sole custody is better for the parents and child.
If you have children and have questions about custody, discuss your concerns with an experienced Cherry Hill child custody attorney from Fiore Law. We will work to help obtain an outcome that works for everyone involved. Call our office at (856) 214-8964 to schedule a consultation.