{"id":351656,"date":"2016-04-04T11:02:29","date_gmt":"2016-04-04T16:02:29","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/child-custody\/sole-custody.html"},"modified":"2024-10-09T13:01:00","modified_gmt":"2024-10-09T18:01:00","slug":"sole-custody","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/child-custody\/sole-custody.html","title":{"rendered":"What Does Sole Custody Mean?"},"content":{"rendered":"\n
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What Does Sole Custody Mean?<\/h1>\n
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\n By Jade Yeban, Esq.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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"Sole custody" refers to a legal arrangement where one parent has exclusive rights and responsibilities for the care and decision-making of their child. This means a parent with sole custody can make major decisions about their child without consulting the other parent.<\/p>\n\n <\/div>\n\n

If you’re going through a divorce or separation and have children, you’ve likely heard the terms joint custody and sole custody. These phrases are frequently misunderstood. In the U.S., child custody can be "joint" (shared) or "sole" (awarded to just one parent).<\/p>\r\n

This article provides an overview of sole custody and explains how it can apply in the context of a child custody<\/a> dispute.<\/p>\r\n

What Is Sole Custody?<\/h2>\r\n

A parent with sole physical<\/a> and legal<\/a> custody has exclusive rights concerning the child. These custody arrangements are rare since courts usually prefer joint custody for co-parents.<\/p>\r\n

Sole custody is usually limited to situations where a court has deemed one parent \u201cunfit." This means they are incapable of having any parental responsibility over a child. Courts may deem a parent unfit<\/a> due to a substance abuse issue or evidence of child abuse.<\/p>\r\n

In these sole custody situations, the child’s other parent (also known as the "non-custodial parent") has neither physical nor legal custody rights. They may be entitled to periods of visitation<\/a> with the child. These visits may be supervised. This is especially true in situations involving domestic violence<\/a> or child abuse<\/a>.<\/p>\r\n

What Other Factors Does the Court Consider When Granting Sole Custody?<\/h2>\r\n

The court makes all custody decisions in the best interest of the child<\/a>. This means they will always make decisions in the best interest of the child’s safety and well-being. They will decide on the custody of the child using this standard.<\/p>\r\n

Most courts consider joint physical custody and joint legal custody in the best interests of the child. But, if a parent is unfit, the court will lean toward granting sole custody to one parent.<\/p>\r\n

Beyond deeming a parent unfit, the court may consider other factors<\/a>:<\/p>\r\n