Divorce and Sole Physical Custody

One of the ideas to take into account when looking at divorce, as well as child custody is the concept of sole physical custody.

What is Sole Physical Custody?

Sole physical custody is simply the case when a child lives with only one parent. The child does not typically reside with the other parent, or the other parent is completely out of the picture. In essence, there is only one custodial parent, unless visitation from the other parent becomes court ordered.

This can become the situation based on a number of different scenarios. One of which can be the honest result of abuse by the non-custodial parent. If a divorce takes place due to sexual, emotional and spousal abuse, or even substance abuse, sole physical custody can often be the outcome.

How do Courts Award Sole Physical Custody?

Courts award this typically when they deem that one parent is unfit to have influence on the child, and not to mention a possible harm and danger to the young one. This will keep the possibly unfit parent out of the child’s life, at least to some degree.

Another way this type of custody comes about is through messy litigation processes. Sometimes feuding parents will dig and search for as much dirt as possible that they can find on the other parent, thus putting them in a bad light with the court. It has been known to happen where this results in the courts, if only temporarily, ruling that the parent in question is unfit to have influence on the child, as well as to have them reside in their home.

Sole Physical Custody: An Important Decision That Should be Thought Through

Before a couple going through a divorce engages in this type of behavior, it is good to think all of this through. Feelings and tensions may be running hard and intense, but sole physical custody should be reserved for situations when there truly is a real danger for the child, and not simply for ongoing grudges between partners.

 

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