Sole Custody
What it means
A custody arrangement where one parent has primary authority and the child usually lives mostly with that parent. Sole legal custody gives one parent the right to make major decisions about education, medical care, religion, and other important matters. The other parent does not share in those decisions. Sole physical custody means the child resides primarily with that parent. The other parent often has scheduled visitation. New York courts award sole custody under the best-interest-of-the-child standard when joint custody would not work. Common reasons include a history of domestic violence, severe parental conflict, distance between the parents, or a parent's inability to participate in shared decision-making. Even with sole legal custody, the other parent generally retains the right to information about the child, the right to be involved in major events, and visitation under the court order.
When you might hear this
Sole custody is a custody arrangement where one parent has primary authority and the child usually lives mostly with that parent. The other parent often has visitation. Courts award sole custody when joint custody would not work for the child.
What to ask
- Is the request for sole legal custody, sole physical custody, or both?
- What facts support a sole-custody arrangement in our case?
- What rights does the other parent retain even under sole custody?
- How does the visitation schedule work under sole custody?
- Can the order be modified later if circumstances change?