When a married couple decides to divorce, many changes occur, affecting everyone involved in the family, including the children. Parents must set aside their interests and consider what will happen to their children according to their best interests. For example, they must determine who receives custody, the type of custody it should be, and how they will cater to the children's physical, emotional, mental, social, and developmental needs.
Some parents make this decision independently, but others require the intervention of a family court to decide. Typically, parents have several choices as far as child custody is concerned, and two of these choices are sole and full custody. Understanding these options helps you know what to expect when you finally separate from your partner and file for custody.
A skilled divorce lawyer is the right person to speak to for a more informed decision. You should talk to them about your options and the benefits and disadvantages of these options for a satisfying outcome.
What Does Sole Custody Entail?
Sole custody is a legal arrangement whereby one parent takes full authority over a child's welfare after a separation or divorce. The custodial parent makes significant decisions regarding the child, including the school the child attends, hospital and healthcare matters, and religious matters. They are also in charge of the child's overall well-being. The custodial parent can involve the other parent in these decisions, but they retain the right to make the final decision regarding the child. Thus, they can make decisions without affecting the non-custodial parent.
However, this does not necessarily mean the other parent's rights do not matter after the divorce. The law obligates the custodial parent to honor the other parent's rights after the divorce. Remember that California family law advocates for both parents to be involved in their child's life. Thus, the court will grant the other parent some rights, like visitation rights, even if they are non-custodial parents.
Visitation Rights under Sole Custody
Having sole custody of a child means you will live and care for your child, even without the involvement of the child's other parent. However, the other parent can be awarded visitation rights to see and be a part of their child's life as the judge deems fit. Visitation rights allow the other parent to build a relationship with their child. This is critical to the social and emotional development of the child. Parents on the verge of divorcing can freely decide how this should work, especially if both have the child's interests in mind. However, in the case of a difficult divorce, the court will intervene.
Judges consider visitation if the other parent's presence is critical to the child. However, if a judge has reservations, for example, if they are unsure of the child's safety with their other parent, visitation is unnecessary. The custodial parent will remain to care for the child's needs until the court revisits the matter.
If you receive sole custody and your partner receives visitation, the court will develop a visitation schedule that allows them enough time with their child. The meetings between the other parent and their child must be regular and ongoing. The court will bar any issues that could risk the child's life or well-being during these visitations.
What are the Benefits of a Sole Custody?
Although sole custody appears as if it favors one parent over the other, it could be necessary in cases of child abuse or abandonment, or one parent is not ready to take custody of their child. Here are some of the benefits it offers to one or both parents or the child:
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It Reduces Conflicts
Conflicts are inevitable when a couple is on the verge of separating or divorce. Partners constantly disagree on almost everything, including how well to care for their children. Conflicts affect them and their children as well.
Sole custody reduces conflicts, especially when the couple must make particular decisions, mainly those that pertain to their children. When parents no longer fight over everything, the custodial parent remains calm most of the time, which benefits the children. The children also feel safe in an environment free of conflicts.
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It Makes Decision-Making Easier and Faster
Critical decisions regarding children must be made promptly. However, this is impossible if the parents disagree on how to raise their children. Sometimes, decision-making drags on for a long time before the final decision, affecting the children's physical, emotional, and mental well-being. For example, if parents cannot agree on where to send their child to school, the child could remain home much longer than they should before the final decision is made.
Sole custody eliminates these delays. The custodial parent does not need the other parent's input to decide where to school their children, the kind of religion they need, what to feed them, and how to discipline them.
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The Child's Safety is Guaranteed
If the presence of one parent compromises a child's safety, sole custody could be the best solution. This eliminates the parent who poses a danger to the child, allowing the other parent to keep the child safe. Sole custody mostly favors children in cases of child abuse, endangerment, or neglect. If one parent is abusive, the court can award sole custody of the child to the safe parent to protect the child.
If the court grants the unsafe parent visitation, it makes arrangements to ensure that the child is safe from physical or emotional harm or threats during visitation. If the court finds out that the child is still unsafe after granting the other parent visitation rights, it will cancel them.
The Disadvantages
Sole custody does not always work in some situations. Here are some of the disadvantages you must consider before filing for custody:
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It Can Result in Conflicts between Parents
A child's parents have equal rights to the child, whether a father or mother. This means both parents must share equal responsibility for the child in provision and decision-making. When a court grants only one parent sole custody and the right to make decisions without involving the other parent, the other parent can feel undermined. It is also a significant violation of their rights. This could create additional conflicts between parents. It could also make it difficult for the parents to resolve their issues, especially for their children's sake.
Unless in cases where a parent is genuinely not interested in their children, all parents want to be involved in their children's lives. A caring parent will not accept a sole custody verdict against them without trying to appeal the matter.
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A Sole Custody Can Give a Child a Negative View of Their Parents
Children always look up to their parents. Thus, every decision you make will negatively or positively affect your child. It is necessary to consider how your children will react to sole custody before filing for one. For example, if the other parent has a relatively good relationship with your children, filing for sole custody can affect your child's view of you. They could feel you are unfair, unkind, or cruel to them or their other parents.
Children cannot understand divorce and the changes that come with it. When young, they will not easily understand why they live with just one parent and are only visited by the other. This could create tension between you and them, especially when you cannot explain precisely what happened with the other parent. Consequently, they could become rebellious and aggressive towards you.
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It Could Widen the Distance Between Children and the Non-custodial Parent
Remember that both parents' presence in a child's life is necessary for their physical, emotional, social, and mental growth. When a child is separated from one of the parents they were living with and only gets to see them occasionally, their relationship becomes strained. Eventually, the child will lose emotional connection with this parent, making things even more complicated. When the custody issue ends after the child turns 18, it becomes even more difficult for them to connect to their other parent.
Unless one parent is a danger to a child, parents should carefully consider custody matters and only opt for an option where both parents spend quality time with their children.
An Overview of Full Custody
Unlike sole custody, full custody is not a general legal term. It refers to one of the following situations:
- A sole physical custody situation whereby a child mainly lives with one of their parents because, for some underlying reason, the other or both cannot live with the child. The child's parent meets the child's daily needs while the other visits occasionally.
- Sole physical and legal custody, whereby a child lives with and is under the sole custody of one parent. The parent takes care of the child's physical needs and makes major decisions regarding the child. Although the other parent can visit the child occasionally, the custodial parent can decide where the child lives, schools, and the religion they will follow without involving the non-custodial parent.
Full custody is sometimes mistaken to mean that one parent takes full charge of a child because the other parent is out of the child's life entirely. However, that is not always the case. Even if one parent lives with and is responsible for a child, the other parent's rights must be respected, too. However, this will be different if there are serious issues with the non-custodial parent, like safety concerns for the child. In that case, the court will deny visitation rights and contact between the child and their other parent.
Judges prefer to use more precise terms, like sole physical and legal custody, instead of general terms when awarding custody. This ensures everyone, including the parents, understands the court's final decision on the custody matter. It also prevents misunderstandings that could cause one parent or both to make mistakes or unknowingly violate each other's rights.
Main Differences Between Sole Custody and Full Custody
Sole and full custody are used when placing a child under the care of one parent and not the other or both. It can help during a separation or divorce proceeding. These arrangements are usually used when one parent cannot live with, provide for, or care for the child. This necessitates placing them in the other parent's custody and giving the other parent full rights to care for, provide for, and make decisions for the child.
Granting one parent sole custody ensures the parent takes good care of the child without the other parent's interference. It is the only way the court ensures the child's needs will be fully met. It can happen if one parent is living abroad, is ill, or has a record of harmful conduct like child abuse or substance abuse.
Most people use sole and full custody interchangeably, although they have different legal meanings. When a parent has sole custody, the court can deny the other parent visitation rights, depending on underlying factors like child safety and the other parent's availability. However, the other parent is allowed time to visit their child in full custody cases if they are willing and available.
When distinguishing sole custody from full custody, the custodial parent must understand whether they have sole legal or physical custody of the child. If the court grants sole legal custody, the custodial parent can make critical decisions for the child without involving the other parent. The non-custodial parent retains the right to be informed of the custodial parent's decisions but not the right to interfere with them. The decision of non-custodial parents will not matter, even if they disagree with the custodial parents.
If you receive sole physical custody, things will be a little different. This is because sole physical custody only gives you full rights to live and provide for the child's physical needs. The non-custodial parent can participate in decision-making, and their opinion regarding critical matters like the child's education and health will matter even though they do not live with the child.
Full custody is not a common term in legal contexts because it can mislead parents and everyone involved in the case. Generally, when the term 'full custody' is used, it means sole physical and legal custody. This means the custodial parents are given all the rights to the child, including living with them and making critical decisions about their well-being. Although the court can grant visitation rights to the other parent, the non-custodial parent cannot interfere with the custodial parent's decisions.
Courts consider several factors when determining a custody case. Remember that custody matters should always be ruled in the child's best interests. Some of the factors that could guide a court's decision include the following:
- The kind of relationship a child has with each parent, including how strongly they bond with each parent. The court will grant sole or full custody to the parent who bonds well or has a healthy relationship with the child.
- Sometimes, courts consider a child's preference in custody cases. This could happen if the child is older and can decide who they prefer to live with after a separation or divorce.
- The child's age also matters, especially when the child needs routine and stability. The judge will consider a parent who is likely to give the child the emotional and physical support they need at their age.
- Family courts also consider a parent's ability to care for a child's physical and emotional needs.
- The judge could also consider the physical and mental health of a parent to determine their ability to care for their child.
- A household's stability is also critical because it provides reliability and consistency to a child. Thus, the court will gladly grant custody to the parent who provides a safe, conducive, and balanced home environment.
- A parent's willingness to foster a good relationship with the non-custodial parent could also influence the court's decision.
- If there is a history of neglect or abuse, the judge will not grant custody or even visitation rights to protect the child.
- A parent's financial stability will also be considered to ensure the child will be well-provided for after the custody issue.
Find a Competent Divorce Lawyer Near Me
Child custody matters are critical when filing for a separation or divorce in Los Angeles. If you intend to file for sole or full custody, you must understand what each entails, their pros and cons, and how your child will be affected before making the final decision. A skilled divorce lawyer's guidance, advice, and support could help you make the right decision. Your lawyer will also help you build a strong case and defend your petition for a favorable outcome.
At Los Angeles Divorce Lawyer, we understand how complex divorce and custody matters are. We can provide the necessary information to understand your options for easier and quicker decision-making. We can also help you through all the complex legal processes and fight until you are satisfied with the court's decision. Call us at 310-695-5212 to review your case, discuss your options, and understand more about our services.
