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The power of a Family Court Judge : What is sole custody?

San Diego Divorce and Family Law Attorney, Paul Staley, : What is sole custody and sole physical custody?

Sole Custody: Divorce in California

Sole custody is different from shared custody in that it allows one parent to have full custody over the child while the other parent must ask for visitation and other rights from the custodian parent. The court will award sole custody if it feels that the selected parent has a better ability to care for the child, or that the other parent poses some sort of danger.  If you’re curious about how sole custody cases are handled in California, read on further to learn more.

Consult a Family Law Attorney

Fighting for sole custody is extremely difficult, not just because of the emotional pressure on both divorcees, but the gravity of legal material that is covered.  An experienced family law attorney can be of great help, as they can provide legal guidance for peaceful resolution of custody disputes; if that fails, they can also successfully present their client in court.Sole custody is is a difficult case to make according to California state law.  Going into a sole custody hearing without proper legal representation may not yield the best results.

Don’t Go In Unprepared!

Before taking any action that would lead towards a custody battle, parents who want sole custody should do extensive research into the current laws and regulations regarding family law in California; this way, they can better assess their legal situation. Talk to a lawyer , save yourself unneeded emotional energy. This will prevent unwanted time and perhaps a money-consuming legal battle.  Knowing the limits of one’s claim is extremely important, because the court takes into account all available evidence.

Transcript of Paul’s Video

What is sole custody?

Sole legal custody means that the parent who has it, has absolute decision-making authority regarding the children’s health, education and welfare. The other parent really does not have a say and it’s fairly rare, but it is ordered typically when the parent without legal custody is either — -has historically been un-involved — or has some really significant impairment to being involved such as, again, if they are incarcerated, have a serious addiction problem, or have a history of abuse; either child abuse or domestic violence. And then there are other reasons why that parent might be excluded from the decision-making process. Sometimes judges review the evidence and they decide that it is just going to be impossible for two parents to be cooperative with one another. And in a situation like that, they will simply keep it simple, and they will get one parent sole legal custody. Sole physical custody simply means that the children are going to live with the parent who has sole legal custody — sole physical custody rather– and that parent has veto power as absolute decision-making power as to how often, when and under what circumstances the other parent will see the children. And that’s also pretty extraordinary.

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