Full Custody and Sole Custody

One parent can have either sole legal custody or sole physical custody of a child. Courts generally won't hesitate to award sole physical custody to one parent if the other parent is deemed unfit -- for example, because of alcohol or drug dependency, a new partner who is unfit, or charges of child abuse or neglect.

There are two specific areas that child custody refers to. The first area that child custody refers to is the area of legal responsibility and rights. Generally speaking, unless there is a compelling reason for the court to rule otherwise, parents will share joint legal custody of their children in a divorce. This means that parents both have the right and responsibility to make decisions for the child in important areas such as education, instruction in religion, and health care. When parents have shared or joint legal custody, both parents have the full authority to act on the child’s behalf in these areas. When only one parent has full legal custody, then only that parent has the right to make these sorts of decisions. Again, it is only in rare circumstances, such as when one parent has been convicted of child abuse or endangerment, that there would be sole legal custody.

The second area that child custody refers to is physical custody. Having full physical custody of a child means that the child lives with you a vast majority of the time. It does not mean that the non-custodial parent cannot see the child, or that the child cannot stay with the non-custodial parent. It just means that the child resides with you primarily. The non-custodial parent will still often retain joint legal custody even if you have full child custody in the physical area. In addition, the non-custodial parent may still also have specific visitation rights that you must, by law, comply with even if you have full physical child custody.

jake.brown, I have a question.  Does this mean that the parents can make decisions on their own or do they have to have permission (in the way of prior approval) from the other parent? Does it matter what the issues are or is it allowed if the decisions are in the realm of normal, expected activities such as getting the minor a driver's permit, sign them up for extra courses to help with SAT tests, etc?  thanks for your help.

Purefaith, parents who share joint custody are supposed to make all decisions together. If a parent has full custody, it is still ideal to share as much of the decision-making as possible with the other parent, assuming the child is not put in harm's way.

That is what I keep thinking it means but am told that it is not literally every decision. After reading the information I could find about it on the computer, I felt that they told me that custodial parent was able to make decisions unless for elective or major things that affect the child so that I would not question or make an issue of it. Boy am I glad I do not have a 4 or 5 year old that would require years of aggravation (using decisions as a control and not as what is in the best interest of the child) instead of the year I have left to deal with this. Although I would have been happy if an interest had been shown in the welfare of the child starting at age 4 or 5, as I would know that there was any interest in what was best for the child.  I would not fight over it anyway. I don't really think it will be an issue unless I ask for a share of money to pay for "whatever" since spouse is still just as involved with "extracurriculars" as always.  Thank you for sharing your time and expertise. Take care.

You explained the difference between physical and legal custody beautifully, but is there a legal difference between FULL and SOLE custody (which was the original question)? You seem to be using the two terms as if they are the same.

I have FULL custody, both legal and physical, and my daughter was denied a passport because they claim my court documents do not state I have SOLE custody and as I do not have contact with her father, he will/can not complete the necessary form.

I appreciate any insight you have to offer.