If you are in the middle of a divorce with a person who is also the mother or father of your child, it is critical that you understand what it means to file for sole child custody. Most of the time family courts do not approve of unshared custody because ideally, both parents should be a part of the child’s life. Nonetheless, these petitions are readily approved in cases subject to domestic violence, child neglect, and abandonment. Law enforcement will support a cause, as long as it concerns the child’s safety and wellbeing.
Parents seeking sole child custody are often only thinking about physical child custody. They forget to consider legal child custody, which is equally important and impactful. Work with Family Law Attorney in Shelby, NC, to gain clarity, protect your rights, and reach an agreement that benefits your child.
Sole Physical Custody vs. Sole Legal Custody
Sole physical custody is not the same as sole legal custody. If you win sole physical custody, this means that the child will live with you in your home at all times. However, the non-custodial parent may still retain visitation rights; these rights allow them to come see the child on approved times and days. In many cases, the non-custodial parent can also take the child on vacations and be allowed occasional sleepovers.
If you possess sole legal custody, you alone are entitled to make major decisions about the child’s life. You have legal authority to decide what is right for your minor child, primarily in matters concerning healthcare, education, and religion. Sole legal custody is uncommon as opposed to sole physical custody. Normally, a parent is awarded sole legal and physical custody only if the other parent is absent or poses a serious threat to the child’s welfare.
Pros and Cons of Sole Physical Custody
Pros:
- The child resides in one permanent home and remains under constant supervision of the custodial parent. There is no need to transport their possessions back and forth between two locations.
- Typically, the child gets to live in the same home they are accustomed to, which minimizes the disturbance caused by divorce or separation.
- The child can maintain a lifestyle, previous habits, and routine. They don’t have to change schools and lose their friends in the process.
- The non-custodial parent obtains visitation rights, so the child gets the opportunity to develop a healthy relationship with them.
Cons:
- The child may get depressed if they were more attached to the non-custodial parent. It can be increasingly difficult for both parties to adjust to the new arrangement.
- The non-custodial parent and child do not get to see much of each other despite visitation rights. The parent feels like a visitor and the child misses them immensely.
- The non-custodial parent is usually perceived as the less competent or bad parent, which is rarely true.
Pros and Cons of Sole Legal Custody
Pros:
- The custodial and non-custodial parents do not have to communicate that often, which reduces conflict and antagonism.
- Making key decisions on behalf of the child becomes easier when you don’t need to track and consult the other parent every time.
- The child is not dragged between the parents’ differences, which brings consistency to their life.
Cons:
- The non-custodial parent might get depressed and resentful. The lack of privileges may further weaken their bond with the child.
- The child may also eventually forego the non-custodial parent’s significance in their life, or despise the complete control of the custodial parent over their life.
- Some decisions can be overwhelming and dealing with them singlehandedly is stressful.
