What is the difference between “Sole” and “Joint” Custody?
The legal concept of custody determines how decisions are made about your children. Parents who have joint custody agree that all major decisions concerning their children will be made together. If a parent has sole custody of the children, all major decisions are made by that parent. Joint custody can exist only if both parents agree. If either parent opposes joint custody, the Court has to decide which parent should have sole custody. If your case proceeds to trial because you and your spouse cannot agree on who should have custody, the court cannot order joint custody. Joint custody is about decision making, not where your children reside. A parenting plan will be established that controls the questions such as where the children will reside, no matter who has custody.
Glad you asked: the right of “Custody” is the right to make decisions affecting the life of your child(ren). When we speak of “SOLE Custody”, it means only that one parent, or the other, has the legal right to make decisions affecting the child(ren)’s live(s); it does NOT mean that the non-custodial parent will not get to see or have parenting time with the child(ren). Our Court will almost always issue orders to ensure that both parents will continue to have frequent and meaningful parenting time with the child(ren), because our Courts regard that as best for the child(ren). When we speak of “Joint Custody”, it means that BOTH parents share co-equal legal rights to make decisions affecting the child(ren)’s live(s); it does NOT mean that the child(ren) reside 50% of the time with Mom, and 50% of the time with Dad; it means that BOTH parents will continue to have shared decision making authority in the lives of their child(ren); this shared decision making authority requires the ability
