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What Is Sole Custody?

Rundberg Law, LLC July 18, 2024

Child hugging her motherA scenario where one parent is granted the exclusive right to make significant decisions regarding the child's upbringing and welfare, from education to healthcare is known as sole custody. This not only impacts the child's daily life but also significantly influences the family dynamic between the child's separated parents.  

Understanding what sole custody entails, when it might be awarded, and its potential effects on all involved parties is crucial for anyone facing a sole custody decision. At Rundberg Law, LLC, I am dedicated to helping my clients in Overland Park, Kansas, and the surrounding area—including both Kansas and Missouri—comprehend and manage their custody situations. 

Types of Custody

Before delving into sole custody, it’s essential to understand the different types of custody arrangements available. There are generally four primary types: joint custody, sole custody, legal custody, and physical custody.

Joint Custody 

Joint custody involves both parents sharing responsibilities and making decisions regarding the well-being of their children. This can either be joint legal custody, joint physical custody, or a combination of both. 

Sole Custody 

Sole custody, on the other hand, grants one parent exclusive rights regarding the care and decision-making responsibilities of the child. This can also be broken down into legal and physical custody. 

Legal Custody 

Legal custody refers to the authority to make major decisions about the child's life, including education, healthcare, and religious upbringing. When a parent has sole legal custody, they have the exclusive right to make these important decisions. 

Physical Custody 

Physical custody pertains to where the child will live. Sole physical custody means the child resides with one parent, although the non-custodial parent may still have visitation rights. 

Advantages and Disadvantages of Sole Custody 

Understanding the potential benefits and drawbacks of sole custody can help parents make informed decisions. 

Advantages 

  • Consistency: With sole custody, the child benefits from a single, stable home environment provided by a single parent.

  • Decisiveness: One parent has the authority to make decisions, often reducing conflicts and delays. 

  • Safety: In cases where one parent is deemed unfit or poses a risk, sole custody can protect the child’s well-being. 

Disadvantages 

  • Strain: The custodial parent bears full responsibility, which can be emotionally and financially taxing.

  • Limited Contact: The child may have less interaction with the non-custodial parent, potentially affecting their relationship. 

Factors Courts Consider 

When determining custody arrangements, courts consider various factors to serve the child's best interest. 

The primary consideration is always the best interest of the child. Courts look at the child’s needs, the parent's ability to provide for the child, and the existing relationship between the child and each parent. 

Factors such as each parent’s mental and physical health, work schedules, and living conditions are also taken into account. 

The ability of parents to cooperate and make joint decisions for the child can influence the court’s decision. If cooperation is unattainable, sole custody may be considered a more appropriate option.

Modifying Sole Custody Orders 

Custody arrangements are not set in stone and can be modified if circumstances change. 

To modify a sole custody order, there must be a substantial change in circumstances, such as a significant move, a change in the child’s needs, or improvements in a non-custodial parent’s life situation. 

The process of modifying a child custody order involves petitioning the court and demonstrating how the changes warrant a custody modification. Often, legal guidance is invaluable during this phase. 

How to Obtain Sole Custody

Securing sole custody requires a comprehensive understanding of the legal procedures involved and a well-prepared approach. The primary steps involved in petitioning for sole custody include the following.

1. Gather Evidence 

To convince the court that sole custody is in the best interest of the child, it's crucial to present concrete evidence. This may include: 

  • Documentation of parental involvement: Records of who takes the child to medical appointments, school events, and extracurricular activities. 

  • Witness testimonies: Statements from teachers, doctors, or family members who can attest to your involvement in the child's life. 

  • Evidence of misconduct: Proof of any abuse, neglect, substance abuse, or other issues concerning the other parent. 

2. File a Petition 

The process begins with filing a petition for sole custody at your local family court. The petition should clearly state the reasons why sole custody is being requested and how it benefits the child's well-being. 

3. Serve the Other Parent 

After filing, notify the other parent of the custody petition. This is done through a process known as "service of process," which provides the other parent ample opportunity to respond to the custody petition.

4. Attend Mediation 

In many jurisdictions, mediation is a prerequisite before a custody hearing. The goal is to resolve custody disputes amicably and potentially reach a mutual agreement. If mediation fails, the case proceeds to court. 

5. Prepare for Court 

Should the case go to trial, work with your attorney to develop a compelling argument, supported by the evidence you've gathered. The presentation should focus on why sole custody serves the child's best interest, not the parent's. 

6. Court Hearing 

During the hearing, both parents will present their evidence and arguments. The judge will evaluate all the factors, including the child's needs, parental abilities, and living conditions, to make a decision. 

7. Follow the Court Order 

If granted sole custody, it's important to adhere strictly to the court order and demonstrate ongoing commitment to the child's welfare. Any violations can result in a loss of custody or other legal consequences. 

Your Advocate in Custody Matters

Navigating custody issues is a challenging process that necessitates a thorough understanding of family law. Having an experienced family law attorney by your side can make all the difference. 

At Rundberg Law, LLC, I am dedicated to guiding clients through the intricacies of custody arrangements. From my office in Overland Park, Kansas, I serve clients across Johnson County and Missouri.

If you’re seeking clarity on sole custody or need assistance with your custody case, reach out for an initial consultation. Together, we can develop a strategy that ensures your and your child’s best interests are protected.