A parent can have physical custody and not have sole legal custody or vice versa. In many states, sole legal custody is becoming less common unless joint legal custody is deemed unsafe for the child. Here are the pros and cons of sole legal custody. Keeps children safe when one parent is ill-equipped to make decisions due to issues like substance use, instability, and abuse.
May limit the involvement of one parent and potentially causes children to view that parent as less important. Sole legal custody is often appealing to parents because of its simplicity—no one has to be consulted when a decision is made. But regardless of the appeal, sole legal custody is not meant for situations where parents simply have different child-rearing philosophies or difficulty collaborating.
Instead, sole legal custody is meant for situations where it is clear that one parent is more equipped or available to make sound legal decisions. For instance, when one parent travels outside the country a great deal, is moving out of state, or presents issues with substance use, child neglect, or domestic abuse, sole legal custody is a reasonable expectation.
If both parents are available and fit to make reasonable decisions, sole legal custody is not the best option and courts are unlikely to grant that request.
Situations where sole legal custody works well include:. Before you attempt to get sole legal custody, ask yourself if you are pursuing this route because it is what is best for your children.
If you are pursuing sole legal custody because you want total control or you don't want to have to deal with your ex ever again, it's important to realize that these are not good reasons. Children benefit from having active relationships with both parents. They also benefit from seeing both parents collaborate and compromise with their interests in mind.
Sole legal custody is a good option if there are issues that make one parent unfit or unavailable to make sound decisions for the kids. But pursuing sole legal custody without a sound reason will likely be denied in family court. While this is less common, it is a more equitable solution. The court is looking out for the best interests of your child.
If you are trying to get this , but the court thinks joint oversight of the child is more appropriate, then you will have to settle for that. Regardless of physical custody, both parents usually have joint legal responsibility of their child.
Having legal authority gives you the ability to make decisions on behalf of your child, such as schooling, after school activities, religious beliefs, and medical decisions. If, however, a court finds that it is in your child's best interest to make you the sole legal custodian as well, the court will do so.
But as with granting sole physical responsibility, sole legal custody will require a great deal of evidence from you indicating that it is in your child's best interest. If the court awards you both physical and legal responsibility of your child, you will have sole custody. This means you need not consult with your child's other parent about where your child will live, attend school, etc.
You are the sole decision maker. However, it does give the ultimate decision-making power to the parent with sole custody. Nevertheless, the noncustodial parent generally retains the right access to the academic, medical, hospital or other health records of the child unless the court determines otherwise.
In general, courts try to view this practically. It would usually be unreasonable to require that the custodial parent should be consulted as to routine minor decisions during visitation such as what the child will eat. However, the noncustodial parent would not likely be entitled to made other decisions that carry outside the visitation. For example, the noncustodial parent likely would not have the authority to enroll the child in a long-term activity or school.
In Connecticut, there is an alternative to sole custody and joint custody called third party custody.
Sole legal custody is best for situations where one parent is unavailable or unable to make decisions on short notice. It's often necessary in cases with parental instability, substance abuse, child abuse, neglect, abandonment or similar situations. It is becoming less common because many state guidelines set joint legal custody as the default.
In these states, sole legal custody is awarded only if joint legal custody would be harmful to the child. Factors the court considers to determine if sole legal custody is right for each situation include:. While these factors are important in all legal custody disputes, laws and practices vary from state to state.
Be sure to consult your state's custody guidelines. Sometimes parents simply cannot work together. In these cases, sole legal custody may be the best option. When one parent is responsible for all major decisions, parents don't need to communicate as much. This lowers the possibility of conflict between them.
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