A divorce is a strenuous time for any couple breaking their marriage. It becomes more complicated when kids are involved. Both parents need to amicably decide who gets the sole physical custody of the children. Though, many times the parents cannot reach a consensual decision among themselves. At such times, the court intervention is sought to determine the custody arrangement as both parents want their children’s sole physical custody. However, before filing for sole physical custody or contesting in court against the other parent, the parents should understand sole physical custody in detail, its advantages, and disadvantages.
The state’s child custody law determines which parent gets the custody of the child or children. After considering various aspects, the family court judge does the division of care of the child or children. The court determines the primary custodial parent, who will be responsible for providing care for the child or children daily. Mostly the court gives shared custody of the child or children for their best care.
In some cases, the court gives sole physical custody to a single parent. Generally, the reasons for sole physical custody are when the other parent is unfit or incapable of taking care of the child or children. This means the primary custodial parent has exclusive legal and physical custody of the child or children. In sole physical custody, the child/children live with one parent or the primary custodial parent most of the time. Though the sole physical custody is given to one parent, the other parent is still allowed limited visitation rights. However, the visitation right is much more limited than shared legal custody or shared physical custody arrangement.
Few examples of sole physical custody are:
The parents should have sole physical custody arrangement when:
Sole physical custody has many advantages such as:
Few disadvantages of sole physical custody are:
With the child/children’s sole physical custody to one parent, the other parent is granted visitation rights. The visitation rights are the exclusive time the non-custodial parents spend with the children. It could be alternate weekends, every weekend, major holidays, a certain number of weeks of summer holidays, or a midweek visit. The arrangement is mutually decided by the parents or through the court. To maintain a healthy co-parenting relationship, both parents should abide by the visitation schedule. This will minimize the children’s adverse effects and help them adjust to the new family dynamics.
Divorce or separation is a complicated legal matter for any couple. It becomes more complex when deciding the custody of the child/children. Understanding the advantages and disadvantages of sole physical custody can help the parents choose what is in their child/children’s best interest.
This post was last modified on July 2, 2021 7:51 pm
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