Sole Physical Custody Explained
Due to tumultuous past experiences that took place during the duration of the marriage, or the fear of sacrificing one’s relationship with their child, upon a finalized parenting plan. Sole physical custody means that the child will live with one parent, and unless the judge deems the non-custodial parent to be an unfit parent, the non-custodial parent will merely be allowed visitation rights deemed by the custodial parent.
Generally, when the courts grant sole physical custody of a child to a parent, that parent is usually considered the caregiver. This type of custody allows the child to remain in the same house in which they grew up, made memories, and conducted their respective daily life. Due to the fact that divorce can be a confusing and chaotic time for a child, a judge will aim to minimize the stress of divorce on the child. Being able to stay in one residence and not being bounced between home to home can greatly alleviate unneeded stress on the child. Often times, it may be in the best interest of the child to stay in one residence.
However, this does not come without consequences. The non-custodial parent will now see the child only at designated times instead of spending time with the child in a natural home environment. Instead of raising the child, as they would if they had some type of physical child custody, visitation often becomes playtime and the natural dynamics of parent and child are lost.
It is important to find out what the child would like to happen in a situation as such, as it is not fair for the spouse to have to sacrifice the opportunity for joint physical child custody. In addition, the sudden added stress of raising a child alone may be overwhelming to the parent who holds physical child custody. In gaining sole physical custody of the child, they have doubled their responsibility as a parent. What was once the responsibility of two parents, now falls solely on one parent.
If both parents decide and have agreed that the best interest of their child will be served if one parent has sole physical custody, then a family court must oblige with these wishes. Even so, it is possible for the child to spend a significant amount of time with both parents even if one parent has sole physical custody. Whatever decision that the parents in question make, the needs of their child. or children, must be considered priority.