Married parents have joint custody of their child. Under the law, either or both parents can make decisions regarding the child’s life, and either can consent to any activities of the child. However, upon divorce, this changes. There are two types of arrangements regarding the legal responsibility of the child. Parents may opt for joint custody, where both parents retain legal responsibility for their child, or sole custody, where just one parent is legally responsible for the child. After a divorce, it is always better for parents to work out their differences and how to raise their children jointly. This way, the child will have both parents in their life. The case is different for unmarried parents. According to the law, the mother is the child’s sole custodian. However, the mother may then extend this power of responsibility to another person. Nonetheless, the mother may choose to withdraw this responsibility at any time.
In the context of unmarried parents, where the woman is not the child’s biological mother, she can institute a custody claim in court to be legally responsible for the child. This article outlines sole and joint custody. After reading, you may decide which is best for you and your child.
Understanding What Sole Custody Entails
The law recognizes the parent with the child’s sole custody as legally responsible for the child’s care and other needs, a detail often clarified by experienced family law attorney Matt Towson. The parent does not need to consult their estranged partner to make decisions for the child.
When the court grants you sole custody, you become the custodial parent. Your address appears on all legal documents regarding the child, and you have exclusive decision-making power.
The court may award sole custody if a parent’s schedule does not allow them to care for the child properly. The court also takes the place of residency of both parents into account. If one of the parents lives far away, the court may decide that it is best for the parent staying nearby to have sole custody.
However, the law does not entirely deny non-custodial parents the right to spend time with their children. The parents may agree on planned visitations, especially during the holiday season.
Understanding What Joint Custody Entails
Unlike sole custody, joint custody provides that both parents are the child’s custodial parents. The law allows them to jointly care for the child, decide on the child’s behalf, and approve any intended activity of the child.
When parents agree to joint custody, the residential address of both parents appears on any legal documents concerning the child. With joint custody, the child can stay with any of the parents, or the parents can arrange where the child should predominantly stay and agree on visitations.
What Does a Parenting Plan Entail?
In most cases, regardless of whether the court rules for sole or joint custody, parents may come together to reach an agreement and draft a written plan for caring for their child. Essentially, a parenting plan is a formal agreement highlighting how the parents want to care for their child and the extent of either parent’s involvement in the kid’s life.
A parenting plan mostly occurs when parents agree on joint custody. They then look at all extenuating circumstances regarding the child and how they can arrive at a plan that is fair to both parents. This plan also aims to involve the two parents in the child’s upbringing.
A parenting plan takes into consideration where the child will live, the location of the parents, what is beneficial to the child at all times, visitation days, how parents can make an agreement on decision-making regarding the child’s health, education, extracurricular, religion and other socio-economic aspects of the child’s life, the logistics behind visitations, and plans on payment of child support plans.
A good parenting plan also highlights how parents can resolve their issues or any dispute that may occur regarding taking care of the child. The dispute resolution plan also covers making a decision about an important step in the child’s life.
Another benefit of a parenting plan is that you may adjust it based on circumstantial changes over time. The development of the child means the initial parenting plan may not work anymore.
The child may not have regular visitations with the other parent, and child support payment may increase due to an increase in expenses. It may also be reduced if the child now spends more time with the parent paying for the child’s support.
What if You Cannot Agree on the Most Appropriate Type of Custody?
The law recognizes that parents may find it challenging to agree, so there is a provision for a mediation process in granting custody. To carry out this process, the court assigns a mediator, a reputable lawyer who speaks with both parents and the child and investigates what type of custody is best for the child.
The mediator also helps parents reach an agreement on a parenting plan. To do this, the mediator calls both parents together to come up with their terms, and then they can start negotiating. If the parties reach a consensus, the mediator will send the agreement and parenting plan to the court for approval.
However, it is possible that parents will not agree after the mediation process. Some parents do not even go for mediation. In such cases, either of the parents may file a motion in court.
The parent may file for joint or sole custody or revise and adjust the parenting plan. At this juncture, the court decides the custody type. Thus, you may need to present your case on why you think your proposition is the best.
So, Do You Need a Lawyer?
Whether you want to opt for a mediation process, sole custody, joint custody, or a review and modification of your parenting plan, it is best to have a lawyer. Seeking legal advice will provide you with insights into your case and help you understand what the law says regarding your situation.
What your lawyer will do is provide you with sufficient information that helps inform your decision and answer all your questions.
Conclusion
Choosing between sole and joint custody is a significant decision that impacts both you and your child. While the ideal scenario involves both parents working together to ensure the child’s well-being, every situation is unique.
Understanding the legal implications, creating a parenting plan, and seeking professional guidance can make the process smoother. Ultimately, the goal is to prioritize the child’s best interests and ensure they receive the care and support they need.
