The court normally awards joint custody, shared custody or sole custody. Parents who are looking to win sole custody during a child custody proceeding should prepare themselves for what may be a difficult process.
Sole custody differs from joint custody in that a sole custody case grants legal and physical custody to one parent, instead of both parents.
The courts, in most cases, do not favor sole custody as the choice for the custodial arrangement for children of divorced parents. It is only ordered when it’s determined that one parent is not in a position to be able to properly participate in making major decisions and other tasks.
The courts normally grant joint custody with one parent being designated as the primary residential custodian of the children and the other parent is granted reasonable and regular visitation. Both parents participate equally in making major decisions regarding health care, education, and day-to-day needs.
One of the major factors a court uses to determine who will win sole custody is the best interests of the child’s. A parent looking to win sole custody should be prepared to discuss why joint custody will not serve the child’s best interests.
Sole custody is when the child resides primarily, but not necessarily exclusively in the home of the parent who has primary custody. Additionally, the parent with the sole custody has the authority to make all major decisions pertaining to the children. The non-custodial parent may or may not have visitation and will not have the authority to participate in making major decisions regarding the child. No visitation is when the non-custodial parent is deemed unfit or unsafe to be around.
At the Riverside County family law offices of Heath Baker, we understand that this time in your life can be difficult, and it is important that you work with an experienced legal team to ensure you receive the best possible custodial arrangement for your children.