What are the Benefits of Sole Physical Custody?

Physical Custody and Legal Custody

Keep in mind that different states have different terms to refer to the two types of custody, and you can generally differentiate between physical custody and legal custody. Legal custody means that you have a say in decisions that will affect the child long term. Some examples of long-term decisions that will affect the child are what doctor they see, where they go to school, and what religion, if any, they are a part of. Physical custody means who has the child or children physically with them sometimes referred to as physical placement. Asking for and being awarded sole physical custody does not automatically mean you call all of the shots all of the time. If you want total control over every aspect of the child’s life, you must argue for and be awarded sole legal and physical custody. 

Key Takeaways

• Legal custody allows a parent to make long-term decisions for a child, while physical custody refers to where the child lives; both types of custody can be shared or sole.
• Sole physical custody means the child lives with one parent, but the other parent usually still has visitation rights, which can be supervised if necessary for safety.
• Sole physical custody may be granted for practical reasons, such as one parent’s work schedule, relocation, the child’s stability, or safety concerns, but requires substantial evidence to support the request.

What is Sole Physical Custody Really? 

Sole physical custody means just what is said in the title: you have sole physical custody of the child or children. Having sole physical custody does not mean the child or children can never see their other parent. The parent who has sole physical custody may agree to allow visitation at their discretion, or the court may impose a reasonable visitation schedule if safety is not a consideration. 

If a single mother gives birth to a child and no father is named on the birth certificate or there is no acknowledgment of paternity, the mother automatically has sole physical custody. 

Some jurisdictions have joint physical custody as the default preference but that does not mean one parent cannot be granted sole physical custody. If the parents agree to sole physical custody or if the requesting parents provides substantive evidence that they should be awarded sole physical custody, it can be ordered by the court.    

There is usually still visitation with the other parent-getting sole physical custody does not mean that the other parent will not be allowed to have meaningful time with the child or children. In most cases where one parent is awarded sole physical custody, a visitation schedule of some sort is also ordered. In cases where the other parent is struggling with their own issues, the court may still order a visitation period but require that the visitation periods be supervised by a trusted family member or a third party. 

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On What Grounds Can I Argue for Sole Physical Custody?  

It can be the more practical approach to physical placement – it may be that one parent travels a great deal for work or just does not have the kind of schedule that would allow for the kind of everyday hands-on parenting that the child or children require. In instances where it is just not practical, it makes sense that the other, more physically available parent is granted sole legal custody.  

Logistics should also be considered. Often, if one parent is in the military and gets sent out on active deployment, arrangements must be made so that the parent who remains in the States with the child or children is able to handle any sort of issue so sole physical would be the most reasonable approach in those circumstances. 

If one parent moves a significant distance away from the home, then sole physical custody should be considered by the court. If the child or children are of school age and have an active life in one location, excessive changes in physical location could cause a lot of disturbance and upset for the child or children, and sole physical custody should be awarded.  

It can provide the child with a greater degree of stability – often, when the best interests of a school-age child are being considered, the stability of the child’s life is examined. If shared physical custody would place too much strain or uncertainty on the child or children, sole physical custody should be considered by the court. Children deserve stability, and if the process of moving between the homes of the two parents causes stress or uncertainty for the child or children, it might be for the best that they spend the majority of their time at one home instead of traveling between two homes.  

It can address potential safety issues – unfortunately, sometimes one of the parents struggles with mental health or dependency issues, and sole physical is safest for the child or children. If one of the parents has a history of violence, abuse or criminal activity then they should not be able to have physical placement with the child or children until they have shown the court that they have rehabilitated and pose no threat to the safety of the child.  The issue with making this claim is that the requesting parent must be able to present the court with independent and compelling evidence that it is a safety issue. It cannot be the requesting parent’s opinion about the safety or mental stability of the other parent. If one parent is not able to sustain a safe, wholesome environment for the child or children, whatever the reason, it is best for the court to award sole physical custody to one parent 

If you are awarded sole physical custody against the wishes of the other parent, you should be prepared for the other parent to routinely challenge that order in court. That could mean that every few years, the non-custodial parent can file documents asking the court to review the award of sole physical custody, and you will have to spend time and probably money to defend the current situation and make sure that the child or children remain in your physical custody.  

Sometimes, the decision to ask for sole physical custody makes the most sense for everyone and other times; it can turn into a contested battle in court where each parent is fighting very hard for what they believe is best for the child or children. The best approach if the issue of sole physical custody is contested is to at least consult with an experienced family law attorney in your state. An experienced family law attorney will be able to guide you toward the most meaningful arguments and will also be able to identify the best legal grounds for asking for and being awarded sole physical custody of the child or children.