When it comes to child custody, there are two main types: sole and full. But what’s the difference between sole custody and 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 assumed to be the same thing, there are some differences. In both cases, only one parent has the right to decide for the child’s upbringing. However, sole custody generally means that non-custodial parent has no 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. Sole custody is often given to the mother, though it can be awarded to either parent.
How to Get It
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, including decisions with respect to the child’s education, health care, 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 when one of the parents has all the rights and responsibilities for the child. This means one of the parents assumes complete authority on all matters related to the child’s upbringing, including decisions related to medical care, education, and religion. This means that 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 the other parent is ill, disabled, or incapacitated, you can request full custody in court. Also, the court can determine that the other parent is no in position to raise a child, especially when the other parent has 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” and “joint custody” are different. Here are a few key differences:
If one parent has all the rights and responsibilities for the child, it’s a full custody. 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 this question. It depends on your individual situation and what works best for your family. 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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