Who Has More Rights Over The Child?

The extent of a parent’s rights over a child depends on the type of child custody awarded to him/her by the courts, specifically:

Sole physical custody
Sole legal custody
Joint physical and/or legal custody
Split custody

Sole Physical Custody

When a parent is awarded sole physical custody, it implies that the child will live with that parent all the time. The other parent is likely to get visitation rights, but those are usually fairly limited. In real life, courts are reluctant to award sole physical custody because the courts believe that it is in the child’s best interest to experience the love and care of both parents.

Sole physical custody may be awarded in exceptional circumstances, particularly when one parent is unfit to care for the child – for example, if he/she is a criminal, or an addict who refuses to reform, or mentally unstable, or if it is proved that living with that parent poses a danger to the child’s safety. In all such cases, the courts may not award custody to such a parent and consequently award sole custody to the other parent.

Sometimes, the courts may award primary custody to a parent, which means that the child has to spend most of his/her time with that parent. Sometimes, primary custody is loosely referred to as sole custody.

Sole Legal Custody

When a parent is awarded sole legal custody, it implies that he/she has full authority to make significant decisions about the child’s future – for example, the parent can decide about the child’s education, upbringing, religion, medical care, and other important aspects of the child’s life.

Just as in the case of sole physical custody, sole legal custody is rarely awarded. The courts may award it when both parents cannot cooperate, when one parent is unfit to decide for the child, the parents live in different time zones, or if it is proved that one parent’s choices for the child will end up harming the child.

The disadvantage of sole legal custody is that it may dishearten the parent who cannot make decisions for the child and he/she may become hostile over time.

Joint Physical And/Or Legal Custody

In joint physical custody, the child gets to live with both parents, in turn, according to the terms of the parenting plan.

In joint legal custody, both parents have to cooperate and take all important decisions jointly on behalf of the child.

Split Custody

Split custody may be awarded by the courts when the parents have multiple children and circumstances dictate that it is in the best interests of the children to split them between the parents. For example, a child with special needs or mental health issues may need to be with the more understanding, more patient, and better caregiving parent. Similarly, if siblings don’t get along well with each other and keep fighting all the time, the courts may decide to split the children’s custody between the parents. Split custody may also be awarded in the case of a child who is old enough to make a choice regarding which parent he/she prefers to live with.

That said, split custody is not commonly awarded because the courts believe that children can be emotionally harmed when they grow up away from their siblings. When split custody is awarded, one parent may get sole physical and legal custody of the child who lives with him/her.

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Ariel Bezoski

Had an hour consultation. Answered all the questions I had, explained everything in an understandable way and followed up.

Response from the owner: Glad we were able to help, Ariel.

Bill C

Carren and Jason were very helpful and quick to respond to my questions and concerns as we worked through my divorce, I would recommend them to anyone.

Response from the owner: Thank you, Bill.

James Herrera

I cannot say enough good things about Brown Family Law. Amy was my attorney and she was great! She always listened and responded quickly. Thanks to her, my case was resolved quickly. Thank you, Amy.

Response from the owner: Glad Amy communicated so well with you, James.

Jace Morris

Fast and kept me involved. Very professional team.

Response from the owner: Jace, thank you.

Shaun Jorgensen

Best attorney ever. They were so helpful and responsive

Response from the owner: Thank you, Shaun.

Christie Berube

When I started my case with Brown Family Law, they had 650 positive reviews. Now, about a year later, they have 820. Not sure how much else you need to convince you, but do yourself a favor and stop looking. You're in the right place.We worked with Nathaniel for nearly a year on our case, and trusting someone with something so vulnerable and close to you as a custody case is difficult, but he made it easy. His knowledge of law and experience with the court system allowed us to make educated decisions quicker. He helped me feel confident in very unfamiliar territory, and having someone like Nate on my team allowed me to make the best decisions possible for our family. He thought of many things I didn't, and gave us the roadmap to success for navigating a complicated and stressful situation. I found myself constantly bragging about our lawyer to family and expressing how impressed I was in his skill and his fearless nature of getting sh** done. Nate got that dawg in him, yanno what I mean?I like the way Brown Family Law works with their clients; it's different than other law firms, and I can see the benefits of those differences. It's always easy to contact someone at the office, and I get a response very quickly. They are extremely communicative, fast, and thorough. They run a tight ship, and it's obvious the quality differences from other law firms.This is a big and heavy decision, but Brown Family Law will take a lot of that weight off your shoulders. Ask for Nate--you won't be led astray.

Response from the owner: Christie, thank you. So glad Nathaniel was able to help you and that we were able to communicate with you so quickly.

Fer Esquivel Guillén

This firm is awesome but special shoutout to Dani, she is an outstanding paralegal. She is very knowledgeable

Response from the owner: Thank you very much for your kind words about Dani.

Karl Bench

I can't say enough about Russell Yauney at Brown Family Law! He has helped me on multiple cases over the years and has always exceeded my expectations. Russell is one of the good guys who isn't afraid to tell you how it is and isn't afraid to stand up and fight for what is right. I'm glad that I have Russell and his team in my corner!

Response from the owner: Karl, glad Russell served you well.

Ryan Farrell

very helpful to fathers who have been broke by the system and targeted for vaporization(1984). Thank you brown family law.

Response from the owner: You're welcome, Ryan. And thank you for the kind words.

Samantha Lachowsky

Nathaniel was my attorney and I couldn't ask for someone more attentive and level-headed than he is. They made my divorce process so much easier and were very patient with me as I navigated the entire process. Thank you Brown Family Law for all of your help!

Response from the owner: Samantha, thank you and so glad Nathaniel did such a good job for you.

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