Sole custody grants one parent full legal custody of a child, while joint custody allows both parents to retain parental rights. The noncustodial parent may or may not have visitation rights, depending on the court’s decision. Sole custody is not always due to danger, and the noncustodial parent may still provide financial support. In cases of abuse, visitation may be limited or denied, but child support is still required. Noncustodial parents can obtain temporary power of attorney for extended periods of visitation.
Sole custody is an arrangement in which one parent is granted full and legal custody of a child. This is in contrast to joint custody, where both parents retain full parental rights over the child, with one parent granted physical custody and the other granted visitation rights. The parent with sole custody is identified as the custodial parent, while the parent who has relinquished parental responsibility is identified as the noncustodial parent. These terms are used primarily to identify which parent is granted physical custody of the child, but can also be used to distinguish between parents with sole custody and parents who have no custody rights or privileges. With sole custody, the noncustodial parent may or may not be granted visitation rights, depending on what the competent court deems to be in the best interests of the child.
While many people view the granting of sole custody as a situation where a parent is deemed a danger or is otherwise ineligible to be actively involved in the child’s upbringing, this is not always the case. Divorced couples may choose to apply for this type of custody if the noncustodial parent lives away from the custodial parent and child. If the noncustodial parent has a debilitating illness and is physically or mentally unable to make responsible decisions about the child’s upbringing and care, either parent can determine that it is in the child’s best interests for one parent to have sole authority thus simplifying the process of making sure your child is properly cared for.
Granting sole custody does not necessarily mean that the noncustodial parent will not be involved in financial support for the child, or will not have any ongoing interactions with the child. In situations where the noncustodial parent has a proven history of physical or mental abuse, courts may limit the visit to situations where a court official is present during the visit, or deny the visit altogether. While visits may be limited or not allowed at all, the noncustodial parent is still likely to be ordered to pay child support.
In situations where there are no barriers to visitation and the relationship between the two parents is civil, the noncustodial parent can obtain a temporary power of attorney to act on behalf of the child during an extended period of visitation. For example, such a legal document would allow the noncustodial parent to authorize emergency medical care for the child, instead of waiting for the parent with sole custody to be contacted for her consent. Noncustodial parents who do not have joint custody would do well to obtain this type of document whenever the child spends an extended period away from the parent in sole custody and is in the care of the noncustodial parent.
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