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Difference Between Joint and Sole custody

sleepJoint custody vs Sole custody

Custody of a child is perhaps the most critical decision a couple has to take in case of a divorce. One can come across various types of custodies like the joint custody and the sole custody. Though the two terms refer to the custody of a child, they have their own differences.

A joint custody means both the parents have equal rights on decisions concerning their child. On the other hand, a sole custody means that only one parent has the right to take decisions.

In a joint custody, both the parents have the same rights to their children. But in a sole custody, the parent who has the custody of the child has all rights. Unlike the joint custody where both parents have equal rights, a single parent is given the sole authority or custody of a child in Sole custody.

Joint custody can happen only if both the parents agree. If there is difference of opinion regarding joint custody, the court may go for sole custody.

When we talk of sole custody and decision making, it does not mean that the other parent will not get to see his child. The court permits the non-custodial parent to get to see his child but with no powers of making any decisions.

In joint custody, both the parents have access to school records, health records, driving records, criminal records, employment records and to every other record of the child. All major decisions like higher studies, surgeries, foreign travel and other major expenditures have to be approved by both the parents.

In the sole custody, the non-custodial parent does not have any access to any of the child’s records. If one wants to have access of the records, then he or she should get approval from the custodial parent or from the concerned court. Though non-custodial parents have no role in taking any decisions, they are bound by law to pay support to the child.

In Joint custody, both the parents are involved very much in the child’s growth. But in a sole custody, this does not happen.

Summary
1. A joint custody is where both the parents have equal rights on decisions concerning their child. A sole custody means only one parent has the right to take decisions.
2. Joint custody can happen only if both the parents agree
3. In joint custody, both parents have access to school records, health records, driving records, criminal records, employment records and to every other record of the child. All major decisions like higher studies, surgeries, foreign travel and other major expenditures have to be approved by both the parents.


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1 Comment

  1. Thanks so much.
    Attorneys and advisors could not tell me this.

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