What Is the Difference Between Sole Custody and Joint Custody in Family Law?

The primary drivers for seeking joint or sole custody are the following:

• The best interests of the child
• The desire to preserve parental rights and responsibilities
• The level of conflict between parents
• Practical considerations around the family's living situation and ability to co-parent effectively.

Courts will weigh these factors in determining the most appropriate custody arrangement.

Sole Custody

• One parent is granted exclusive physical and legal custody of the child.
• The custodial parent has the primary responsibility for the child's day-to-day care and the authority to make major decisions about the child's upbringing.
• The non-custodial parent may have visitation rights but does not have the same level of decision-making power.
• Sole custody is typically granted when one parent is deemed unfit or unable to provide a stable environment for the child.

Joint/Shared Custody

• Both parents share legal and physical custody of the child.
• The child spends significant time with both parents, and both have an equal say in major decisions about the child's education, healthcare, and upbringing.
• Joint custody aims to provide the child with stability and a continued relationship with both parents after separation or divorce.
• Sole custody is typically granted when one parent is deemed unfit or unable to provide a stable environment for the child.
• There are different types of joint custody, including joint legal custody and joint physical custody.
• Joint custody arrangements can involve an equitable, but not necessarily equal, division of parenting time based on the family's circumstances