Welcome back! Today our attorney in Raleigh NC is here to help you learn more about the various types of child custody. Today’s topic is sole custody.
Sole Custody | Attorney in Raleigh NC
When one parent has sole custody of a child or children, they have exclusive legal and physical custody rights for the child. This means that one parent has been deemed unfit or unable to care for a child. Sole custody with legal and physical custody arrangements are rare, but can happen. In many cases this happens when the parent suffers from a drug addiction or has been convicted of child abuse.
There is a type of sole custody arrangement that offers visitation periods for the “non-custodial” parent (parent that does not have custody of the child). The visits can be supervised or not. Often this will depend on the situation and why sole custody was granted.
There are two different types of sole custody:
Sole Legal Custody
When only one parent has the responsibility and right to make decisions for a child it is called sole legal custody. The decisions involved include medical care, emotional, religious and moral development and education.
One parent has the right and responsibility to make major decisions regarding the child's welfare, including matters of education, medical care and emotional, moral and religious development.
Sole Physical Custody
When a child is under the supervision of one parent and also resides with them, but has reasonable visitation with the other parent, this is called sole physical custody.
Though a parent has been awarded sole custody that doesn’t mean they’re able to relocate to another city or state without permission from a court of law, especially if the other parent has visitation rights, the relocation must be addressed by the court. At that point, the details of the move will be worked out to benefit both parents.
It is suggested that you work with your child’s other parent to come up with a custody plan for your child or children so that when the time comes to make the arrangement official, you’re both able to move on without causing the children to suffer. Working with an attorney is also suggested during this overwhelming process. If you need help with any of the custody information above or are considering a divorce, contact our attorney in Raleigh, today. We will set up a consultation with you to talk more about your options.
For more information about the various types of child custody, be sure to take a look at each of the following blogs in the rest of this series, below:
- Child Custody: An Overview
- Child Custody Part 1: Sole Custody
- Child Custody Part 2: Joint Custody
- Child Custody Part 3: Legal Custody
- Child Custody Part 4: Physical Custody
- Child Custody Part 5: Grandparent Visitation and Custody
Eldreth Law Firm | Attorney in Raleigh NC
As always, feel free to contact us with any questions or concerns you may have about estate planning. Also contact our estate attorney in Raleigh NC to schedule a consultation if you have yet to start estate planning. It’s never too early to make plans for your wishes upon death. In addition, we are here to help you with all your legal matters, whether it be estate planning, trademarking, copyrighting, or DWI issues.