Understanding the Differences Between Sole Custody and Joint Custody

When a couple with young children divorces, a divorce attorney may help them navigate their custody arrangements. Splitting up parenting time is a complex issue that may require the family court’s intervention. Judges may award a parent sole custody vs. joint custody, but what exactly does this mean for everyone involved?

At Lincoln & Wenk, we represent Arizona locals facing a wide range of family legal matters, including divorce, child support, and child custody agreements. Our team is here to explain the different types of custody arrangements available, how the court approaches these cases, and more.

Understanding Common Child Custody Terms

Before we dive into the impact of sole custody vs. joint custody rulings, it’s important to understand the following commonly used terms:

• Legal custody: This refers to a parent having the right to make decisions for their child regarding medical treatment, their education, and more.
• Physical custody: Under this arrangement, parents can determine where their child lives.

Bear in mind that Arizona courts use different terminology. In this jurisdiction, parents can have either sole or joint legal decision-making responsibility and parenting time. Sole custody refers to one parent making the decisions on behalf of their child, while joint custody involves both parents in the process.

The court can grant parents different types of custody, though every case is different. For example, parents with joint custody could have both legal and physical custody of their child. A parent who does not have physical custody of their child could still have legal custody, giving them a say in important life decisions.

By understanding child custody options, you can prepare for any scenario.

Major Differences Between Sole Custody and Joint Custody

For separated parents, a court ruling of sole custody vs. joint custody impacts them individually as well as their children going forward. But how do these custody types vary? Below is a breakdown of the main differences between the two.

Power Regarding Legal Decision Making

Let’s say a mother retains sole legal and physical custody of her two children. She would be the main person to make life decisions on their behalf. For example, if she wanted to send them to a private school rather than a public school, the decision would be hers alone.

However, if she shares joint legal custody with the kids’ father, he must also be involved in the decision-making process. Individuals with a joint custody arrangement should be aware of the collaboration required when making decisions. Some of the issues that parents would decide together include:

• The child’s education: Where will young kids go to school? Should they enroll in a tutoring or special education program?
• Healthcare decisions: Which medical professionals will treat their conditions? What types of medical procedures will the parents agree to?
• Childcare: Will the parents need to enroll their kids in a daycare or after-school program?
• Extracurricular activities: Would starting a new sport or activity significantly impact the child’s schedule and your parenting time?

The Amount of Parenting Time

Suppose you share a three-year-old child with your ex-spouse. If each of you has joint legal decision making and parenting time, each of you would be responsible for the child’s legal decision making. It may also give you both an equal amount of parenting time, though every scenario is different.

When parents share joint parenting time, they must agree and adhere to a schedule in which they care for their kids. It’s under this type of arrangement that children typically go back and forth between two homes, spending a few days each week with each parent.

What if you’re awarded sole legal and physical custody of your child? You may have significantly more parenting time than your ex, given that your child will likely live with you full-time.

The Process of Receiving Sole Custody

Receiving sole vs. joint custody can present some legal challenges, depending on your situation. Family courts make these decisions based on what suits the child’s best interests. If you believe that their other parent should not have joint legal decision-making responsibility or parenting time, you’ll need to present strong evidence supporting your claim.

Perhaps one parent has a substance abuse problem, for instance. The parent or guardian seeking sole custody may detail past incidents when they put the child’s life in danger due to drug or alcohol use. Once a judge reviews all the evidence, they may decide to grant sole custody.

Conflicts Between Each Parent

Even though a couple is no longer together, they should try to put aside their differences and effectively communicate about co-parenting. Joint custody agreements require collaboration, as they will be responsible for making major decisions for their child. Any past or ongoing personal conflicts shouldn’t impact how each party comes together to co-parent.

However, when one parent is awarded sole custody, the court must find that this is in the best interest of the child. For the court to make such a decision, there may be bigger conflicts at hand, such as domestic violence.

Factors the Court Considers When Reviewing Custody Cases

Judges don’t award parents sole vs. joint custody without careful consideration. When a custody case goes to court, several factors influence the judge’s final ruling, including:

• The relationships between each parent and child
• The physical and mental well-being of each party
• A parent’s commitment to remain in close contact with their child
• Past instances of violence, abuse, or neglect
• The child’s local community, including their school, friends, and extended family

Perhaps a divorced couple has a healthy, loving relationship with their eight-year-old daughter. She has a strong community of school friends and other relatives around her, but her father has to relocate two hours away for a new job. In a case like this, the court could grant both parents joint decision-making power, despite the very real possibility that the father’s relocation will impact their overall parenting time.

What if a mother has a history of alcoholism or drug use? If her actions have a negative effect on her child’s safety and well-being, the court may opt to give the father sole custody.

Can You Change Your Custody Agreement?

No matter how the court rules, parents could potentially modify their arrangement down the road. Understanding sole custody vs. joint custody is important, since your agreement could change from one type of custody to the other.

Say a divorcing couple agrees to share legal and physical custody of their two kids. The arrangement suits them until one parent is arrested for driving while under the influence. Fearing for their kids’ safety and well-being, the other parent may present this evidence to the court and request sole custody.

Consult a family lawyer if you’re interested in requesting a modification order. A qualified attorney could review your case, evaluating whether a modification would be in the child’s interests given a change in circumstances.

Tips for Approaching a Child Custody Case

Do you need to finalize a child custody arrangement in court? Here are some tips that may be helpful to you in the process:

• Seek legal representation: Hire a family lawyer to help you gather evidence and represent you in a custody hearing.
• Research your options: Understand how the court defines sole custody vs. joint custody and legal custody vs. physical custody to clear up any confusion.
• Support your argument with documentation: Written schedules or documented conversations about parenting time may support your case for either sole or joint custody.
• Frame your arguments around your child’s interests: Since judges center their decisions around the child’s safety and well-being, your arguments should focus on them, rather than being in competition with the other parent.
• Maintain stability: Courts may rule in favor of a parent who can provide a stable home environment for their child.
• Keep the child out of your personal conflicts: Regardless of their age, children should not be subjected to their parents’ personal conflicts. Don’t use your child to relay messages to your co-parent or speak badly of them in front of the kids.
• Prepare to follow orders: No matter how a judge rules, each parent should follow the court’s order to avoid penalties for being in contempt.
• Have a support system: Custody battles can be emotionally taxing. Have friends and family support you throughout this process.

Keep these tips in mind if you’re requesting a post-judgment modification as well.

Discuss Your Custody Case With Our Experienced Legal Team

Knowing the definitions of sole custody vs. joint custody is a solid start to moving forward with legal proceedings. However, you’ll need a qualified family lawyer on your side to advocate on your behalf and explain the impact of different types of child custody rulings. That’s where we come in.

Lincoln & Wenk is a respected family law firm serving Arizona residents. With a team of six attorneys and three convenient locations, we take pride in representing local parents or guardians in child custody cases. Contact us today at (623) 294-2464 to schedule a free case evaluation.