Legal Definitions - Sole custody

Sole custody is a legal arrangement determined by a court, typically after parents separate or divorce, where one parent is granted exclusive responsibility for either the child's primary residence and daily care (physical custody), the authority to make all significant decisions about the child's life (legal custody), or both.

To fully understand sole custody, it's helpful to distinguish between its two core components:

• Physical Custody: This refers to where a child lives and which parent is responsible for their day-to-day care, supervision, and routine. When a parent has sole physical custody, the child resides with them for the vast majority of the time. The other parent, often referred to as the non-custodial parent, typically has court-ordered visitation rights, allowing them to spend time with the child according to a set schedule.
• Legal Custody: This grants a parent the exclusive right to make all major decisions regarding a child's upbringing. These significant decisions include choices about education (e.g., which school to attend), healthcare (e.g., medical treatments, doctors), religious instruction, and general welfare. A parent with sole legal custody does not need to consult with or obtain the agreement of the other parent for these important matters.

Therefore, a court may grant one parent sole physical custody, sole legal custody, or both sole physical and sole legal custody, depending on the specific circumstances of the family and the child's best interests.

Examples of Sole Custody in Practice:

• Example 1: Sole Physical Custody (with Shared Legal Custody)

  After their divorce, Elena and Robert agree on all major decisions for their daughter, Sofia, regarding her schooling and medical care. However, Robert's job requires him to travel internationally for extended periods, making it impractical for Sofia to live with him consistently. The court grants Elena sole physical custody of Sofia. This means Sofia lives primarily with Elena, attending school in her neighborhood and following her daily routine. Robert has a structured visitation schedule for when he is in town, but Elena is the primary residential parent responsible for Sofia's everyday needs. This illustrates sole physical custody because Sofia's primary residence and daily care are exclusively with Elena, even though both parents still share the right to make important decisions about her life.

• Example 2: Sole Legal Custody (with Shared Physical Custody)

  Maria and Carlos are divorced but live in the same city, and their son, Leo, spends equal time living with each of them on an alternating weekly schedule (shared physical custody). However, Carlos has a history of making impulsive and sometimes harmful decisions regarding Leo's health and education, such as frequently pulling him out of school for non-essential trips or refusing recommended vaccinations. To protect Leo's welfare, the court grants Maria sole legal custody. This means that while Leo lives with both parents equally, Maria has the exclusive authority to make all significant decisions about Leo's schooling, medical treatments, and religious upbringing without needing Carlos's consent or input. Carlos must abide by Maria's decisions in these critical areas. This demonstrates sole legal custody because Maria alone holds the decision-making power for Leo's major life choices.

• Example 3: Sole Physical and Sole Legal Custody

  Sarah and David are parents to a young daughter, Lily. David has been incarcerated for a serious felony and is expected to serve a lengthy prison sentence. He has also shown no interest in maintaining contact with Lily or contributing to her upbringing. In this situation, a court would likely award Sarah sole physical and sole legal custody of Lily. Lily would live exclusively with Sarah, and Sarah would be the only parent responsible for her daily care, supervision, and residential needs. Furthermore, Sarah would have the complete and exclusive authority to make all significant decisions about Lily's education, healthcare, and overall welfare without any input or consent required from David. This illustrates both aspects of sole custody being granted to one parent.