When divorcing or separating from the mother or father of your child, there can be a lot of confusion—and stress—that arises from the technical jargon used in the divorce process. For example, when arranging custodial terms for children, it’s not unusual to have questions about what the terms non-custodial parent and full custody mean.
Defining some key terms that one will undoubtedly come across when negotiating a custody arrangement will take some of that stress out of the equation. That said, it is still of the utmost importance for anyone involved in a divorce to secure legal advice from a professional. This is necessary to ensure that the terms and arrangements negotiated ensure that the parents’ needs and requirements are met as well as the child’s best interests.
Understanding Full Custody
Full custody is when one parent is the primary custodial parent. The child spends the majority of their time with the primary custodial parent, who also often has the legal authority to make decisions on behalf of the child.
However, it does not mean that the parent who is not awarded full custody can never see their child. A non-custodial parent is able to visit the child and is usually obligated to pay child support.
The legal requirements and considerations surrounding full custody vary from state to state, and from situation to situation. However, parents are more likely to be awarded full custody if the other parent can no longer be relied upon to take care of the child in question. There are a number of reasons that could influence a decision about who is awarded full custody of a child and who is not, such as if one parent has a history of abuse or has been in prison.
Understanding Sole Custody
Sole custody is a term that is sometimes used interchangeably with full custody. But this is not correct. Sole custody, while similar to full custody, is when the non-custodial parent no longer has any rights to see the child or any other custodial rights. Full custody, on the other hand, provides the non-custodial parent with visitation rights and opportunities to see their child.
Understanding Joint Custody
Joint custody is an arrangement whereby each parent is considered to be a custodial parent. The child spends equal time with each parent, and both parents have an equal say in how and where the child is raised. This is often seen as the best resolution for the child emotionally so they can maintain a good relationship with both parents. Practical limitations, however, can mean that the child does not always live half of their time at each parent’s home.
Non-custodial Parent Versus Custodial Parent
When issues of custody come up during a separation or divorce, the stakes automatically become a lot higher. The majority of parents want to see their children as much as possible, which is why many often seek full custody or sometimes even sole custody. Joint custody can be a workable solution for some families, depending on the situation, and should not immediately be dismissed.
Keep in mind that the help of a legal professional to sort through the details of custody is crucial. They will help determine if being a non-custodial or a custodial parent is a workable solution, or if having two custodial parents is a better option.
Knowing your rights is vital to ensuring your own needs are heard as well as being able to help steer the outcome to what is best for the children. It can be very easy during a messy divorce or ugly break-up to get lost trying to get all you can, even when it comes to the children. In some situations, regardless of how much each parent loves their children, it may be better for one parent to have full custody because joint custody may not be practical or even possible. Again, this is where a lawyer who specializes in family law will be of the most use.