Sole Custody vs. Full Custody

When it comes to child custody, there are two main types: sole and full. But, what’s the difference between sole custody vs. full custody? And which one is better for your family? In this article, we will explore the differences between them, and help you decide which option is best for you.

Full Custody vs. Sole Custody Overview

Though sole custody and full custody are often interpreted as the same, there are some differences. In both cases, only one parent has the right (or possession) to decide for the child’s upbringing. However, sole custody generally means that non custodial parent was not awarded any visitation or custody rights.

Also, sole custody can be awarded to either parent, but it is most often given to the mother. Full custody can be awarded to either parent, but it is most often given to the father. But let’s dive into each of them!

What is Sole Custody?

Sole custody is when one parent has sole authority and responsibility for the child. This means that the other parent has no legal rights or responsibilities towards the child. In the meantime, the custodial parent doesn’t need to consult the non-custodial parent about the child’s medical care, education, and other upbringing decisions. Although, sole custody is often given to the mother, though it can be awarded to either parent.

The US law defines sole custody as an arrangement done after the divorce of a marriage, for the minor child’s custody. This custody determines the physical and legal authority of the child. The first determines the parent that will live with the child, while the second refers to the authority who will make important decisions for the child’s upbringing (like education, healthcare, etc).

How to Get It

It’s no easy process how sole or full custody requests work. If you would like to get sole custody of your child, you will need to go to court and request it. You will need to provide evidence that shows that sole custody is in the best interests of the child. This may include evidence that the other parent is unable or unwilling to care for the child. You will also need to show that you are capable of providing for the child’s needs.

What are the Benefits of Sole Custody?

1. The parent with sole custody has total control over legal and physical decisions regarding the child. These include education, healthcare, and religion.

2. The other parent has no legal rights or responsibilities towards the child, which can be helpful in cases where there is a history of domestic violence or abuse.

3. Sole custody can help simplify life for the child, as they only have to answer to one authority figure.

4. The parent with sole custody does not have to share their time or resources with the other parent.

What is Full Custody?

Full custody is the parental situation when one of the parents, mother or father, has all the rights and responsibilities for the child. This means one of the parents assumes complete authority on matters such as medical care, education, religion, and other raising decisions for the child. This means, the parent in charge of the child, will have all legal and physical custody.

How to Get It

There are various situations when you can get full custody of your child. If one parent is ill, disabled, or incapacitated, you can request full custody in court. Also, the court can determine that the other parent is considered out of condition to raise a child, especially wen they have a criminal record, or history of abuse.

If you present the request, you’ll need to provide evidence that shows that full custody is in the best interests of the child. This may include evidence that the other parent is unable or unwilling to care for the child. You will also need to show that you are capable of providing for the child’s needs.

Is Full Custody the same as Joint Custody?

No, full custody vs. joint custody are terms commonly interpreted as the same, but they’re not equal. The same question can also provide an answer to those who question whether sole custody vs. joint custody are the same thing. So here are a few key differences to be aware of:

If one parent has all the rights and responsibilities for the child, it’s a full custody. Also the non-custodial parent usually has no visitation or custody rights. Instead, joint custody means that both parents share these rights and responsibilities, with regular visitation rights.

In terms of benefits, joint custody can be helpful in situations where both parents are able to work together and share parenting responsibilities, as it can help provide a more balanced upbringing for the child. However, it can also be more complicated and stressful if the parents are not able to get along.

Does Sole Custody terminate parental rights?

Sole custody does not automatically terminate parental rights. If you are concerned about the other parent’s ability to care for the child, you can petition the court to have their parental rights terminated.

Sole Custody and Full Custody: Which Is Better?

There is no easy answer to the difference between sole custody and full custody. It depends on your individual situation and what works best for your family whether you should go for one over the other. If you are considering sole or full custody, speak to an attorney to get more specific advice about what would be best for you and your child.

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