Joint vs. Sole custody

Joint Custody

Join custody designates one parent as the custodial parent and the child’s primary residence is with him/her. About half of the child’s time or more will be spent with the primary residential parent, but joint custody lets both parents agree upon major issues like the child’s education, health, hobbies, and religion. The discussions regarding these issues between parents sharing joint custody of a child should normally occur well ahead of any final decision-making in order to let both parents participate freely in their child’s future.

What if disagreements between parents holding joint custody of a child occur?

Of course, joint custody does not mean that you and the other parent will come to a harmonious agreement regarding every decision about your child. Normally when disagreements occur regarding certain issues, the parent with control of more assets or income may make final decisions regarding finances. The primary residential parent may have final say on other decisions concerning the child. But it is each parent’s right to take a decision to court if he/she believes that it is what is right for his/her child.

Sole Custody

On the other hand, sole custody may be granted to one parent if both parties have trouble communicating with one another and have difficulty respecting one another’s beliefs.

In what cases is sole custody recommended?

Sole custody may be better in cases where parents cannot see eye to eye regarding their ideals, values, and aspirations for their kids. When two parents cannot come to agreement for the benefit of their child and respect each other’s opinion regarding the manner in which they wish to raise their child, sole custody may very well be the better option. Of course in situations where a parent is deemed mentally instable, irresponsible, or has inflicted psychological damage to a child, sole custody may be imposed by the court.

What exactly are the rights of the non-custodial parent?

If a parent has sole custody of a child, this does not abolish visitation rights of the non-custodial parent. Joint and sole custody both entitle a non-custodial parent to his/her visitation. If a court deems a parent and/or his/her actions harmful to a child, it may suspend visitation rights of the parent. Although one parent may have sole custody of the child, the court may still impose that the parent with sole custody notifies the non-custodial parent of choices made for the child. The major difference between sole custody and joint custody is that the actual decisions may be made without consultation from the non-custodial parent.

Those parents in the process of divorce must determine if they can respectfully consult with one another regarding decisions about their children in order to determine the best situation for custody.

Hope Ocampo is a staff writer for Divorce Guide, a one-stop information resource for news, articles and advice about divorce.