When a parent is awarded
sole physical custody of a child, it means the child resides with and is under the supervision of only one parent.
When the child's parents are unmarried, the statutes of most states require that the mother be
awarded sole physical custody unless the father takes action to be awarded custody.
A parent
with sole physical custody can share legal custody with the other parent, who usually has the right to regular visitation.
In other states, a court may split custody and one parent may have
sole physical custody while legal custody is shared by both parents, or vice versa.
If one parent is
given sole physical custody of a child, the other parent is typically granted visitation, or parenting time, with the child.
Whether you intend to ask for shared physical custody of your child or
seek sole physical custody, you need to review your state's custody laws and court cases.
Joint physical custody means the child splits time between both parents, and
sole physical custody means that one parent provides the child's primary residence.
If sole physical custody is awarded to one parent, also known as primary physical or residential custody, the child only lives with that parent.
The court decides whether to award joint legal custody, joint physical custody, sole legal custody or
sole physical custody over the child.
When a child's parents are unmarried, the statutes of most states require that the mother be awarded
sole physical custody unless the father takes action to be awarded custody.
Also be aware that
sole physical custody doesn't mean the other parent doesn't get to spend time with the child, as you'll see in the next section.
One of you can have
sole physical custody which means that your child lives with one parent and has a visitation schedule to maintain regular contact with the other parent.
However, there has been a recent trend towards allowing joint legal custody even
when sole physical custody is awarded to one parent or the other.
It awards shared physical custody or
sole physical custody at its discretion, the same as it awards shared legal custody or sole legal custody.
If one parent is granted
sole physical custody against the other parent's wishes, the other parent may be granted visitation time or parenting time with the child.
A parent
with sole physical custody is sometimes referred to as the residential or custodial parent; this is the parent with residential custody.
Before you file
for sole physical custody, understand your options and consider the pros and cons of this particular custody arrangement.
Once the court
awards sole physical custody to one parent, that parent has the right to control the physical care of the child without the need to consult the other parent.
Conversely, the parents may share both legal and physical custody or one parent may have
sole physical custody while both parents have joint legal custody.
Parents who want to prevent the other parent from relocating with their child should consider requesting
sole physical custody of the child.
However,
sole physical custody does not automatically give the parent sole legal custody, which is the right to make all critical decisions over the child's life.
The current framework of
sole physical custody in contested cases is associated with high rates of father (and sometimes mother) absence, increased inter-parental conflict, and a marked reduction in children's standard of living.
In cases
where sole physical custody is awarded to one co-parent, courts will typically grant visitation rights to the non-custodial co-parent.
In addition, if one parent has taken to living with a new partner, and that new partner is deemed unfit to care for the child,
then sole physical custody may be awarded to the parent that is in the better position to care for the child.
However, although the underlying idea of
sole physical custody assumes that the child will reside with one parent, the court has the power to order visitation.
In state court, the referee issued an order granting the mother temporary sole legal custody and
temporary sole physical custody of the children, granting the father visitation, and appointing a guardian ad litem.
It is often easier for mothers to
get sole physical custody of very young children, since courts often award custody to the parent who has been the child's primary caregiver.
For example, if the child is exhibiting signs of behavioral issues or if the parent with
sole physical custody starts to abuse alcohol or drugs, the court may consider modifying custody to give the other parent physical custody.
After extensive testimony from both parents, the trial court not unreasonably concluded that it was in the «best interest» of the minor children that the father and the mother retain joint legal custody and that the mother
retain sole physical custody, even if she moved to Lancaster.
Nielsen analyzes scores of social science studies on conflict, coparenting and children's outcomes in shared
vs. sole physical custody.
Sole legal /
sole physical custody arrangements usually are not granted unless there are extreme circumstances or consent, e.g. father wants nothing to do with the children and disappears.
If a court
gives sole physical custody to one parent, it may also issue a visitation order to the non-custodial parent, allowing him to spend time with the child.