Joint vs. Sole Custody
Child custody disputes arise when parents cannot agree on the care of their child. Courts make custody decisions by examining which arrangement will serve the child’s best interests. Two key concepts to know are sole custody and joint custody. (Some states and courts may use different terms for these concepts.)
Understanding Physical and Legal Custody
Before getting into sole and joint custody, it’s helpful to understand physical and legal custody. Physical custody determines where the child resides and who is responsible for daily supervision. For instance, a court might decide that the child should live with one parent on weekdays and spend weekends with the other parent. Legal custody grants authority over significant decisions in the child’s life, such as educational placement and major medical treatment. One parent might advocate for a specialized private school, while the other prefers a local public school. These issues fall under legal custody because the parents are deciding on matters that shape the child’s future.
What Is Sole Custody?
Sole custody grants one parent exclusive rights over either physical or legal custody, or both. A parent with sole physical custody has the child living in their home most or all of the time, while the other parent may have visitation rights. Sole legal custody places major decision-making regarding health, education, and lifestyle in the hands of one parent. Courts often issue sole custody orders when one parent poses a risk to the child’s health or safety, such as in cases of abuse or neglect. Substance abuse also might be a reason to order sole custody.
What Is Joint Custody?
Joint custody allows both parents to share rights and responsibilities. Joint physical custody involves the child residing with each parent on a set schedule, such as alternating weeks or an alternating 2-2-3 rotation of days in each week. Parents with joint physical custody often rely on shared calendars to manage the child’s school events and extracurricular activities. Joint legal custody requires parents to collaborate on significant decisions, including choices about medical treatments, religious upbringing, or special education services. One parent still may have a tiebreaker role if they can’t reach an agreement.
Mixed Custody Arrangements
Courts may create blended orders that combine aspects of sole and joint custody. A court might grant one parent sole physical custody, while both parents share legal custody. In another case, the court might order shared physical custody but assign sole legal custody to one parent. Each case is unique, and judges have a lot of discretion to do what they think is in a child’s best interests.
Mediation for Child Custody
Some courts encourage parents to seek resolution outside the courtroom through processes such as mediation. A mediator is a neutral person who helps facilitate the discussion between parents so that they can find common ground. If mediation succeeds, the parents can sign an agreement and ask the court to approve it. When parents reach a mutually acceptable custody plan without court intervention, they may be more likely to avoid future disputes.
Modifying Custody Orders
Significant changes in circumstances can prompt a court to revise a custody order. For example, if a parent secures a better job in another state and plans to relocate, or if a child develops new educational or medical needs, the court may consider adjusting the arrangement. In all modifications, courts remain focused on ensuring the new order continues to serve the child’s best interests.
Child Support Considerations
Courts typically address child support in tandem with custody. A parent who has significant physical custody time may receive child support from the other parent to cover expenses such as food, housing, and education. In some cases, changes to a custody arrangement can trigger a review or modification of existing child support orders. For example, if a parent gets much more time with a child, they may need more support as well.
