Shared Custody vs. Sole Custody: Key Differences
The implications of a divorce can be devastating. In most circumstances, the court is tasked with determining which parent should have the ability to make major decisions about the child (legal custody) and who the child should spend the majority of their time with (physical custody). Typically, the terms of legal custody and physical custody are decided before the terms of the divorce are finalized.
At Purdy Law Office, LLC, our Harrisburg child custody lawyers have helped countless clients navigate the complex nature of this process. Whether you are recently divorced or seeking a modification to an existing custody order, our family law team is available to help everyone come to an arrangement that fits their needs.
Sole Custody Typically Means that One Parent Has Both Legal and Physical Custody
When a court grants sole custody, this implies that the custodial parent will retain both legal and physical custody of a child or children. Typically, sole custody is only granted when the court deems that the other parent is unfit to parent. The custodial parent will have exclusive physical and legal custody of the child, with the noncustodial parent often having court-ordered visitation rights. In some cases, the noncustodial parent may be barred from seeing the child entirely.
In addition to having sole physical custody, the custodial parent will also be in charge of making all medical, educational, and religious decisions for the child (sole legal custody). Unlike primary legal custody, which gives one parent decision-making authority while the other parent is allowed input, sole legal custody grants the custodial parent exclusive power to make major life decisions for the child.
Legal Custody versus Physical Custody
Unlike sole custody that implies one parent retains exclusive physical and joint custody, the same does not apply to shared custody. Shared custody can be divided into legal versus physical custody. Instead, the court may grant shared physical custody, while one parent is granted sole legal custody (also known as joint legal custody). The opposite may hold true, in which one parent is granted sole physical custody but both parents are granted decision-making power (shared or joint legal custody).
It is Rare for the Court to Grant Sole Custody
Generally, sole custody is only granted when shared custody is not in the best interests of the child. In determining each parent’s capability or willingness to take care of their child, the court will use the best interests of the child standard.
According to 23 Pa.C.S. §5328, fifteen factors are taken into account, which examine the willingness of each parent to make the child a priority in their life and each parent’s mental and physical state. The noncustodial party may be deemed an unfit parent if there is evidence of neglect, abuse, addiction, or mental illness.
Speak with a Harrisburg, PA, Child Custody Lawyer Today
Custody battles are often fueled by emotions, with each party adamant in vying for a particular outcome. At Purdy Law Office, LLC, we understand that both you and your spouse want what is best for your child, but it can be difficult to come to terms on what that may be.
If you find yourself at odds with the other parent, our Harrisburg, PA, child custody attorneys can help. Our compassionate and supportive approach has allowed us to help individuals move through the hardest of times, finding light on the other side. To learn more about our services, we can be reached online or by calling (717) 674-2885.