When experiencing a divorce whereby you have children, it is possible to know your rights. Sole Legal Custody is a civil decree that alters the person who makes big decisions on behalf of your kids.
Self Divorce Network understands that with the proper information at this stage, one will be able to save the future of their child and maintain their own sanity.
What is Sole Legal Custody?
Sole Legal Custody is the legal authority and duties of only one of the parents to make significant, long-term decisions regarding the well-being of a child. This includes choices about:
Education: The school of the child or his tutor.
Healthcare: Selecting physicians, dentists, and determining surgery or a vaccine.
Religion: Name of the religion the child was brought up and activities visited.
This parent does not require consultation with the other parent before making such decisions, unlike in a joint legal custody.
What Is Sole Custody vs Full Custody?
People usually wonder about what is sole custody vs full custody. They are most often used simultaneously; however, a slight distinction exists:
Sole Custody: This is a legal term. It may be in terms of decision makers (legal custody), in terms of with whom the child is to live (physical custody), or a combination of both.
Full Custody: Full custody is a casual term which often implies solicitor and physical custody with one parent. In the present case, that parent is the one who has all the authority, and the child stays living with the parent.
Benefits of Sole Physical Custody
Whereas legal custody deals with decision-making, physical custody deals with residence. The benefits of sole physical custody are:
Stability: School-age children can cope with predictability as they have a single residence and a routine.
Less conflict: The number of hand-offs will be decreased, and there will be a lesser possibility of disagreements in relation to the schedule among parents.
Custody: Sole physical custody places the child in a secure environment in cases of negligence or drug addiction.
At least a physical custody of the child often means that the other parent does receive parenting time or visits, although a court may decide it would be harmful to the child.
FAQs
What is the distinction between a solo and full custody?
In most courts, the legal form of full custody is not a concept. Typically, a person who states that he or she desires full custody would mean that he or she desires both the sole legal custody and sole physical custody. That implies that they make all the decisions and leave the child with them.
In what situations do the courts grant sole legal custody?
Courts normally favour joint mechanisms as they keep the two parents engaged. However, they can award sole legal custody when there is a record of abuse, neglect, extreme conflict to prevent co-parenting, or one of the parents is in jail or absent.
Does being a sole parent imply that the other parent does not have any rights?
Not always. Even when a court ceases the rights of a parent altogether (this is very uncommon), the non-custodial parent will still be authorized to visit the child and will even still get access to the medical or school records of the child (even though they may not be able to make their choices regarding the records).
