What Are Some Causes for Sole Custody to Become Necessary?

iStock_000041647028_LargeWhen you are in the middle of a custody case due to divorce, your lawyer has probably thrown around and explained terms like “joint custody” and “sole custody.” Anywhere in the United States, you could see a custody situation that is either joint or sole based on the best interests of the child, on either a legal or physical level. We will help you understand what sole custody is, the benefits, and whether or not you will be able to relocate under its rules.

Understanding Sole Custody 

If you are granted sole custody of your child through the court, this means that you as the parent have exclusive physical and legal custodial rights. These situations are seen as “rare” and only happen when a parent has been deemed unfit of having responsibility, such as in situations where drug addiction or child abuse has taken place. Even though the other parent does not have physical or legal rights of the child, they will still be entitled to periods of visitation in many cases. These visits are often supervised due to the nature of the parent’s personal issues. With sole legal custody, one parent has the right to make major decisions on behalf of the child. With sole physical custody, the child will be supervised when they meet with the other parent.

There are many benefits of sole custody. The main benefit is the fact that you do not have to consult with the other parent to make important decisions about the child’s life. This includes major decisions like education, medical reasons, and religious upbringing. However, you may question whether or not your child should still have visitation with the parent, especially when abuse has occurred. You will have to speak to the court to determine whether or not it is in their best interest.

If you have sole custody, you may wonder if you can move away from the other parent. This is not always so. Because many parents will retain visitation rights, you can only relocate with the court’s permission. If the other parent objects the relocation, the court has the right to hear the case and may issue a temporary order that says you cannot leave in the meantime. While your case is ongoing, you must abide by this order. It is important to understand sole custody when you are going through with your custody case. We can help you understand the ins and outs, so give us a call today for more information.