Sole Physical Child custody Benefits and drawbacks

 

Misconceptions About Sole Custody

Video taken from the channel: Feldstein Family Law Group P.C.


 

What is the difference between Legal Custody & Physical Custody?

Video taken from the channel: LJ Law


 

Sole v. Full Custody

Video taken from the channel: Utah Family Law TV


 

Difference Between Legal & Physical Custody

Video taken from the channel: RIGHT Lawyers


 

How does the court decide whether to award joint or sole legal custody?

Video taken from the channel: Brian T. Mayer, Esq.


 

# 1 ARGUMENT FOR EQUAL 50/50 VISITATION OR SHARED CUSTODY

Video taken from the channel: FathersRights&Resources


 

You Can Lose Joint Custody Because of This One Common Mistake

Video taken from the channel: Command the Courtroom


Like any other custody arrangement, sole physical custody has pros and cons. Some of the key benefits include: The children reside in one primary location, so there is no need to ferry. Some common sole custody visitation schedules include: The every weekend schedule where the child spends every weekend with the noncustodial parent.

The every 3rd week schedule where the child. The Pros and Cons of Getting Sole Legal Custody of a Child Pros and Cons of Sole Legal Custody. It’s important to remember that sole legal custody is different from sole physical Advice for Parents. Sole legal custody.

When parents who have a sole physical custody arrangement, their children live with the custodial parent more than 50% of the time. This parent has the legal authority to make child-related decisions. It helps the children.

The pros and cons of sole custody. Posted on September 18, 2018 July 8, 2019 by hrkadmin. Parents in Illinois and elsewhere may ask for sole physical custody of their children after. The children are no longer living with both parents. Children tend to miss the non-custodial parent.

If not handled correctly, the parent who receives the sole physical custody can appear as the “better”. Sole custody and joint custody are the two overarching forms of custody that parents can receive. Sole and joint custody can apply to legal custody matters as well as physical custody matters. In a sole legal custody arrangement, one parent has exclusive rights to make decisions about a child’s well-being.

In sole physical custody. The Pros and Cons of Various Visitation/Custody Arrangements Joint Legal Custody. If you and your ex are willing to work toward a joint legal custody situation, it can make for a Sole Legal Custody.

Sole legal custody arrangements are becoming less frequent as the family courts. Typically, the sole custodian receives child support, and may receive more child support than parents in joint custody arrangements. Parents with sole legal custody may also be relieved that they don’t have to confer. As well, you avoid living full-time in a low-income sole-parent household.

Children are likely to spend more time with the higher-earning parent. Fathers generally earn more than mothers but often miss out with respect to custody. Cons of Equal Custody.

The main drawback to 50 50, equal custody.

List of related literature:

Researchers have found that mothers, fathers, and children usually prefer joint legal custody to sole custody, and joint legal custody can improve family adjustment and cohesiveness.

“Forensic and Legal Psychology” by Mark Costanzo, Daniel Krauss
from Forensic and Legal Psychology
by Mark Costanzo, Daniel Krauss
Worth Publishers, 2010

The move toward facilitating visitation and joint custody has been based on the premises that continued contact with both parents is desirable and that noncustodial parents with joint custody will be more likely to maintain contact and financial support.

“Developmental Psychopathology: Perspectives on Adjustment, Risk, and Disorder” by Suniya S. Luthar, Luthar et al, Jacob A. Burack, John R. Weisz, Dante Cicchetti, Professor of School/Applied Developmental Psychology and Director of the McGill Youth Study Team Jacob A Burack, Donald J. Cohen, Professor of Child Psychiatry Pediatrics and Psychology and Director Child Study Center Donald J Cohen, M D
from Developmental Psychopathology: Perspectives on Adjustment, Risk, and Disorder
by Suniya S. Luthar, Luthar et al, et. al.
Cambridge University Press, 1997

There arealso disadvantages to shared custody arrangements.

“The Social History of the American Family: An Encyclopedia” by Marilyn J. Coleman, Lawrence H. Ganong
from The Social History of the American Family: An Encyclopedia
by Marilyn J. Coleman, Lawrence H. Ganong
SAGE Publications, 2014

11 What the court fails to recognize is that no parent has sole custody so long as he or she is subject to rules of visitation, and that courts are as powerless to forge affection by a visitation order as they are by decreeing any other form of “joint,” “divided,” or “split” custody.*

“Beyond the Best Interests of the Child” by Joseph Goldstein, Anna Freund, Albert J. Solnit
from Beyond the Best Interests of the Child
by Joseph Goldstein, Anna Freund, Albert J. Solnit
Free Press, 1984

Any custody arrangement has both benefits and drawbacks, and joint custody is no exception.

“The Marriage and Family Experience: Intimate Relationships in a Changing Society” by Bryan Strong, Theodore F. Cohen
from The Marriage and Family Experience: Intimate Relationships in a Changing Society
by Bryan Strong, Theodore F. Cohen
Cengage Learning, 2016

The father in Arnott made two arguments: first, that the move constituted a change in circumstances justifying reconsideration of the original custody order, and second, that the children’s best interest lay with a change in primary custody from the mother to the father.

“Family Law” by Leslie Joan Harris, June R. Carbone, Lee E. Teitelbaum, Rachel Rebouche
from Family Law
by Leslie Joan Harris, June R. Carbone, et. al.
Wolters Kluwer, 2018

After divorce, the types of child custody that may be granted by the courts include joint, split, and sole custody; fathers are increasingly being granted joint or sole custody.

“Behavioral Science” by Barbara Fadem
from Behavioral Science
by Barbara Fadem
Wolters Kluwer Health/Lippincott Williams & Wilkins, 2009

Under such circumstances, the noncustodial parent may very well request that the court reevaluate the original custody determination on the basis that a change in circumstances occurred (or is about to occur), namely the anticipated move.

“California Family Law for Paralegals” by Marshall W. Waller
from California Family Law for Paralegals
by Marshall W. Waller
Wolters Kluwer, 2016

Joint custody offers a solution with some advantages, but it requires substantial maturity on the part of the parents and can present some problems.

“Kaplan and Sadock's Synopsis of Psychiatry: Behavioral Sciences/Clinical Psychiatry” by Benjamin J. Sadock, Virginia A. Sadock, Pedro Ruiz
from Kaplan and Sadock’s Synopsis of Psychiatry: Behavioral Sciences/Clinical Psychiatry
by Benjamin J. Sadock, Virginia A. Sadock, Pedro Ruiz
Wolters Kluwer Health, 2014

This does not include divided or alternating custody, where each parent acts as a sole custodial parent at different times, or split custody, where one parent is awarded sole custody of one or more of the children and the other parent is awarded sole custody of one or more of the children.

“Work of the Family Lawyer” by Robert E. Oliphant, Nancy Ver Steegh
from Work of the Family Lawyer
by Robert E. Oliphant, Nancy Ver Steegh
Wolters Kluwer, 2016

Oktay Kutluk

Kutluk Oktay, MD, FACOG is one of the world's foremost experts in fertility preservation as well as ovarian stimulation and in vitro fertilization for infertility treatments. He developed and performed the world's first ovarian transplantation procedures as well as pioneered new ovarian stimulation protocols for embryo and oocyte freezing for breast and endometrial cancer patients.

Mail: [email protected]
Telephone: +1 (877) 492-3666

Biography: https://medicine.yale.edu/profile/kutluk_oktay/
Bibliography: oktay_bibliography

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19 comments

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  • If there is joint custody does one parent have to tell the other parent where they live my concern is for my safety I don’t know what the other parent is capable of even more now that they have to pay child support I recently found a tracker on my daughter’s phone where they were tracking our every move please someone give me some information and help me

  • Obviously he must’ve been part of the kids life if he fought for their custody.
    A lot of women try to make it impossible for men see the kids after divorce.

  • What about if there’s only visits for the Dad? If Mom has full custody, she can do anything? With or without permissions from me or the court? This is the law in California, if unmarried, Mom has full custody…
    It has no bearing on the Dad or whether or not he and the kids are great together…
    I went from being a full time hands on Dad to getting 12% of their lives… And no decisions ever come my way for consideration/consultation/or just wondering how I feel about this or that… It’s not a good position for any decent parent or any child to be in…
    Three years into it and one more modification hearing to go, and I might get some more time in the summer…
    The worst part is that I can’t really say anything bad about Mom’s skills as a Mom… She’s great. We both are. We’re great with them, just not really all that great with each other…

    Anyway,

  • My ex wife has sole legal custody after 730 evaluation and Judge agreed in Rancho Cucamonga this was 12 years ago. Is the fact that they are older now a change of circumstances to modify the order to finally get my joint legal custody? To much to talk about here. Do you offer free face to face consultations?

  • California Family Code 3082: When a request for joint custody is granted or denied, the court, upon the request of any party, shall state in its decision the reasons for granting or denying the request.  A statement that joint physical custody is, or is not, in the best interest of the child is not sufficient to satisfy the requirements of this section.

  • I have a schedule for child custody and visitation next month.. my questions is that: Is it going to affect to one parent that it’s not physically healthy has back problem and obese almost 400 lbs in 5”8 hieght?

  • If your ex-wife wants to move out of the state from Arizona to Florida can a judge prevent this from happening? She is getting remarried and her new future husband is moving to Florida from NewYork. Thank you for your time.

  • THIS MAKES SO MUCH SENSE! Going Pro Bono(spellcheck) in my current upcoming case for the exact reason you said. These lawyers really suck. I’ve been up at all hours trying to get information. But THIS I think this just gave me some hope

  • Hello and thanks Wendy,
    I’m going through this custody case and my ex husband doesn’t coparent or talk to me about my children’s issues or decision that has anything to do with my children.
    My ex doesn’t talk to me about my childrens need or decision making which you mentioned. It’s stipulate to make joint decision together an d its stated in our divorce to decree. He thinks he has full custody and I still have custody, we have 50-50 and he’s been alienating me from my children for almost a year and brainwashing my children. My ex husband keeps me isolated from my children and tells me some bits of information about my children like changing schools, where they live or medical or medication until the last minute and sometimes. I Find out from the third-party or just accidentally was going out with my kids. My ex-husband thinks he has all the power and decision-making about my children and has told me that several times. I do document everything and I have a lawyer however my case is going nowhere, ugh. My ex husband is a narcissist and I haven’t seen my kids since October but only a couple of them and the other one I saw him back in July I have three kids with this man. He controls if I see him or if I don’t see him it’s on his time his terms and we have a custody agreement that he hasn’t followed for years. My ex husband promises me to see them and he’s getting brainwashed that they don’t have to come with me or they call me and say I don’t want to come to your house or he tells me that he’s giving them a choice to see me. It’s been going on for over a year and the cops have even been involved and they can’t do anything. My children have been call me my first name for years. My children are also abusive towards me and each other. He offers me to see my kids and doesn’t know how to coparent even though it stipulated in our divorce decree he still violated all the time. My ex husband will make arrangements for me to see my children and then he reneges all the time, that’s what narcissist do control control in lie.
    Thanks for this video

  • how can i prevent my ex from having overnights. he is a drunk and bopolar i am open for supervised visitation but i dont trust him with my daughter unsupervised

  • Thanks for the video. Great advice. This same exact situation happened to me. I have a 4 yr old child that me and her mother have joint legal custody of. Mom decided to move from MD to NO without my consent. The judge ordered her back to court and gave me sole custody of my daughter and imposed brief jail time as well as a huge fine. Fathers never give up, keep paying child support but fight for your child your opportunity will come.

  • Question: what if one parent does not communicate that they have a new partner they are living with. How do we ensure the safety of our child during visitation and protect your rights as a mother?

  • Even this attorney can’t look directly into the camera and defend “best interest”. The court CAN’T award sole custody and use best interest as a factor.

  • What if the biological mother has been absent from the minors life for 5 1/2 years and the minor does not know her at all, will that be considered abandonment

  • i have a question because this my case but its a little different. my kids are behind in education and children need help in counseling. so i have had these conversation with that parent but he doesn’t want to help he just wants to play games by doing falls police reports cps reports. and months keep passing by and children are effected by this so the advice i get from kids doctors,counselors, mentors is to put them in school take them to counseling and explain to the judge about the other parent

  • Everything you’re saying makes total sense but if it ain’t in the code it’ll get objected and shut down in a heart beat. You wouldn’t even have a chance to get the second line out.

  • I need your help. I’ve been to court several time and the judge has been kind to me in allowing us to make our own arrangements. My lawyer hasn’t made a single argument for me to have an equal or balanced schedule and his mother always creates dramatic scenes to fight for any custody at all. I’m lucky because the judge in my case told me to keep fighting and that he raised his son also. I’m so close. You sound like you know what you’re doing, how can I contact you?

  • hi-i-am-wondering-could-i-live-with-my-dad-i-want-to-live-with-him-because-my-mom-wont-let-me-see-my-dad-or-with-the-other-side-of-the-family-she-is-mean-to-me-sometimes-and-i-never-get-to-see-my-dad-he-missed-my-birthday-and-he-is-not-allowed-to-visit-me-and-he-missed-all-my-birthdays-and-would-it-mean-she-has-full-custody-of-me?
    i-am-16-but-i-will-be-turning-17-soon-so-would-i-have-the-right-to-live-with-my-dad-or-would-i-have-to-go-to-court-for-that?