Family law |
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Family |
Sole custody is a child custody arrangement whereby only one parent has custody of a child. In the most common use of the term, sole custody refers to a context in which one parent has sole physical custody of a child. [1]
Depending upon the jurisdiction, custody may be divided into two components, legal custody and physical custody. [2] Physical custody relates to the child's legal domicile and where the child resides. [3] Legal custody involves the parents' participation in important life decisions pertaining to the child, such as significant medical decisions or where the child attends school. [4] It is not uncommon for a parent with sole physical custody to share legal custody with the other parent, but it is uncommon for parents to share physical custody while one parent has sole legal custody. [5]
Historically, sole custody was the most common form of child custody granted after divorce. [3] Since the 1980s, joint physical custody with shared parenting have become much more common, and in some jurisdictions there is a legislative preference or presumption in favor of joint legal custody, joint physical custody or both. Research indicates that children fare better in joint custody arrangements, or custody arrangements that allow a child to have good access to both parents. [6] [7]
Although women are granted sole custody more often than men, it is a popular misconception common in the men's rights movement that this is due to systemic bias; in reality it is because men infrequently contest or seek it. [8]
Family law |
---|
Family |
Sole custody is a child custody arrangement whereby only one parent has custody of a child. In the most common use of the term, sole custody refers to a context in which one parent has sole physical custody of a child. [1]
Depending upon the jurisdiction, custody may be divided into two components, legal custody and physical custody. [2] Physical custody relates to the child's legal domicile and where the child resides. [3] Legal custody involves the parents' participation in important life decisions pertaining to the child, such as significant medical decisions or where the child attends school. [4] It is not uncommon for a parent with sole physical custody to share legal custody with the other parent, but it is uncommon for parents to share physical custody while one parent has sole legal custody. [5]
Historically, sole custody was the most common form of child custody granted after divorce. [3] Since the 1980s, joint physical custody with shared parenting have become much more common, and in some jurisdictions there is a legislative preference or presumption in favor of joint legal custody, joint physical custody or both. Research indicates that children fare better in joint custody arrangements, or custody arrangements that allow a child to have good access to both parents. [6] [7]
Although women are granted sole custody more often than men, it is a popular misconception common in the men's rights movement that this is due to systemic bias; in reality it is because men infrequently contest or seek it. [8]