Do you understand sole custody?
If you are going through divorce and you have at least one child with your soon to be former spouse, you probably know that matters of custody and child support will be discussed at some point.
The phrase “sole custody” is thrown around often, but not everyone understands what this is. Understanding legal terms and how legal situations actually affect your life can make the divorce process somewhat less daunting.
In short, a parent with sole custody has exclusive legal and physical custody rights regarding the child. While this type of arrangement is rare, it does come about from time to time. For example, the court may award sole custody to one parent if the other has a history of child abuse or addiction.
There are two types of sole custody:
— Sole legal custody: This is when one parent has the right to make all decisions regarding a child’s welfare.
— Sole physical custody: This is when the child lives with one parent, with the other parent having access to reasonable visitation.
The primary benefit of sole custody, for the parent who has custody, is that he or she does not have to consult with the other parent when making decisions, such as those related to education, religion, or health. They therefore have more control over their life and don’t have to wait for the supposedly unfit or unavailable parent to okay all matters.
With so many questions regarding sole custody, it’s never easy to understand if this is an option. While you may think this is best for your situation, the court may soon find that joint custody is right for everyone involved. Courts generally find value in a child having both parents in his or her life.
As long as you know the many types of custody, including the pros and cons, you are able to make informed decisions during the divorce process in Ontario. This will hopefully work out best for you and your child.