Find out more about divorce
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by Ronna L. DeLoe, Esq.
Ronna L. DeLoe is a freelance writer and a published author who has written hundreds of legal articles. She does...
Updated on: July 28, 2024 · 3 min read
Many parents head into their divorce proceedings without a solid understanding of the differences between full custody and sole custody. They aren't the same thing, so you need to know what you're asking for when you head into court.
Sole custody includes both legal and physical custody. A parent can have one or the other. Full custody is when both legal and physical custody are awarded to one parent.
For some families, sole custody can be the best outcome for the child. Here's what sole custody entails:
How can you get full custody if joint custody is what most courts want? There are certain elements you must show to defeat a court's preference for joint custody. How to get sole legal custody or sole physical custody, or both, can happen if the following are true:
Almost all states require the court to consider the best interests of the child before awarding sole custody. If sole custody isn't in your child's best interests, you will probably have to settle for joint custody.
Most states used to award custody to mothers more often than to fathers. Now, almost every state has laws allowing both parents to get custody. As many fathers know, however, some judges still believe the mother should be the custodial parent. Some states are better than others in allowing either you or your spouse to have an equal chance of getting full custody.
If you're seeking sole custody, you should hire an experienced family lawyer. Custody is too important to handle by yourself.
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