Sole Custody v Full Custody: What’s the Difference
As a parent, you want to be involved in your child’s life. Divorce oftentimes makes this difficult. When you decide to go through with a divorce and you have a child below the age of 18, custody matters come into play, which can oftentimes be very challenging. Do you get sole, partial custody, or supervised visitation rights? There are so many factors that go into play, and it is important to begin with understanding the distinction between two very different but oftentimes confused words: sole custody and full custody.
In this blog, we will explore the definition of sole custody and full custody, what both types of custody have in common, and the key differences to know.
How are Sole Custody and Full Custody Seen in a Divorce Proceeding?
When parents file for a divorce, more often than not, the parents seek joint custody of the child. This is whether parties share the physical and legal responsibilities of the child equally. However this may not always be the case and may not always be feasible, especially if there are conflicts between the parents or concerns about one parent’s ability to provide a stable home for the child. In cases like these, the court will award either full or sole custody.
What is Sole Custody?
In sole custody, the court grants one parent exclusive legal and physical custody rights over the child.
But what does legal and physical custody mean?
Legal and physical custody means that as a parent, you have the authority to make decisions about the major aspects of your child’s life.
Some major aspects include religion, healthcare, education, and general welfare. If you do not have sole custody, the court may still grant you visitation rights, but only the custodial parent has legal authority over decisions for your child.
Sole custody is awarded in very special cases, where the court deems one parent unfit to raise a child due to mental health problems, a history of neglect, or drug abuse.
The court awards sole custody in these situations to protect the child’s well-being, always prioritizing the child’s best interest over the parent’s wishes.
What is Full Custody?
Full custody is a little different from sole custody. Although you may often see them used interchangeably, full custody actually has a broader meaning.
Full custody means that one parent has the physical custody of the child, thus, the child resides full-time with that one parent.
The caveat is that the other parent may have visitation rights but could also have legal custody over the child. Just because the parent does not have full custody does not mean the parent can’t share in making decisions about the child’s life. Both parents can have joint legal custody. But this is very much determined based on the discretion of the court and the history and relationship of the child with both parents.
SAS for Women wants you to know sole custody and full custody are not your only options for custody arrangements. You might wonder what is an every other week schedule. What is a 70-30 custody schedule? Learn what your choices are and their pros and cons before you elect for any schedule. You owe it to yourself and your children.
And of course, if you are co-parenting with a narcissist, you will want to learn how to enforce your boundaries, because while you’ve divorced him, he’s not out of the picture – no matter the custody schedule.
What Do Sole Custody and Full Custody Have in Common?
So, what are some commonalities between sole custody and full custody? In both custody situations, the child is primarily placed with one parent. Physical custody lies with one parent most of the time, and that parent will be in charge of the child’s schooling, medical appointments, and feeding. Both custody arrangements can allow the non-custodial parent to have visitation rights. Notably, the visitation rights will vary based on the situation and the court’s order.
Both custody arrangements prioritize the child’s best interest, ensuring a stable and structured environment. Divorce can have lasting effects on you and your Ex, but it can also significantly impact the mental and physical health of a child. Courts want to minimize the disruption to the child’s life.
If you are still in the legal, negotiating stage with the parent of your child, you may wish to explore what can be used against you in a custody battle so you are informed and protected.
What are the Key Differences Between Sole Custody and Full Custody?
Now, when evaluating what the key differences are between sole custody and full custody, the major one is the scope of decision-making ability and how involved the non-custodial parent is.
Compared to full custody, sole custody is definitely more restrictive since it gives one parent exclusive physical and legal authority. However, on the flip side, it is possible that full custody only refers to physical custody, where legal custody can be shared by both parents.
Generally, the court reserves sole custody for special cases.
If custody schedules are in place, but your child refuses to visit their other parent you may wish to reach this article “5 Must Do’s When Your Child Refuses to Visit their Father.”
Conclusion
There are so many different aspects to a divorce, and when the divorce involves the custody of a child, it can be difficult to manage expectations of what might occur. Understanding your options in terms of custody is crucial to the stability of everyone. During a custody arrangement, it is so important to consider the well-being of your child. Divorcing and divorced moms should evaluate their circumstances and work together with their coparents to create a supportive environment for their children. As always, consult with a professional about what your options are and the complexities of custody arrangements you may face before you elect or decide on anything.
NOTES
Natasha just graduated from law school and has completed her Bar exam. With a longstanding interest in health law, she aspires to work for hospitals and nonprofits in continuing to advocate for women’s rights. Her goal is to address the historical issues that continue to prevail in our society by addressing the social determinants of health.
Since 2012, SAS for Women has been entirely dedicated to the unexpected challenges women face while considering a divorce and navigating the divorce experience and its confusing afterward.
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*SAS continues to support same-sex and nonbinary marriage. In this article, however, we refer to your spouse as husband/he/him.
