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What is meant by the term "sole physical custody"? In this article I am going to:
- Define the term in detail.
- Ensure you're clued up as to how this term comes about in real court proceedings.
- Summarise all related court rulings and terminology that can arise in the dispute of sole physical custody between parents.
Naturally, the term relates to the broader theme of child custody. It is usually demanded when there's a dispute between the parents over who gets to look after the child, which is regularly the result of a relationship breakdown between the parents. But what exactly does it mean? Essentially, instead of both parents being given equal responsibility, just one of the parents will be chosen to look after the child. This means that the other parent that loses the case is no longer allowed access to the child, or has limited "visitation rights".
"Visitation rights" are offered to the parent that no longer has the legal responsibility over their child. So how often can the losing parent expect to see their child? Well, that is always at the discretion of the court. Some visitation can be on weekends, others can be as sparse as once a month. It all depends on how capable the court feels this parent to be of caring for their child's wellbeing.
Sole physical custody is often granted to parents who feel that their partner would no longer be capable of looking after their child. This can simply be due to drug and alcohol related addiction that compromises the parent's ability to be a good parent. It can also be granted when one of the parents has emigrated, so shared responsibility of the child would be impossible.
In a nutshell, sole physical custody is a legal right that gives the full responsibility of a couple's child to one parent, deeming the other parent unfit to continue as a father/mother. However, visitation rights can grant the losing parent permission to visit their child at specified times.
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