Many have heard the terms “sole custody” and “joint custody”; however often times the meanings and implications of same are misunderstood. Joint custodial arrangements (physical and legal) are certainly more common than sole arrangements and are in most instances preferred by the Courts. In these arrangements, the parties share time with the children and have to consult with one another when making decisions regarding the children. However, a parent may be able to obtain sole custody dependent upon the particular details of their specific situation.
Sole custody means that one parent has exclusive legal and primary custody rights with respect to their minor child or children. The minor child or children primarily reside with the parent with sole physical custody, and that parent does not have to consult the other when making decisions for the children as they have sole legal custody. A parent usually obtains sole legal and physical custody if the other parent is deemed to be unfit, which sometimes occurs in cases of drug or child abuse. Though a parent may have sole custody, this does not mean, and it is rarely the case, that the other parent does not have visitation rights with the minor child or children.
Cynthia H. Clark & Associates, LLC is an Annapolis-based family law firm serving clients throughout the state of Maryland. If you are experiencing custodial issues with your partner regarding your children, please contact our firm to reserve a consultation time at our office