Sole custody
by Julie Gray
Published on August 21, 2025 · 2 min read
What is sole custody?
Sole custody is a legal arrangement in which one parent has full custody rights over a child. This can include sole legal custody (decision-making authority), sole physical custody (where the child lives), or both. The other parent may still have visitation rights, but does not share equal legal or physical custody. Courts typically award sole custody only when it’s in the child’s best interest, often due to issues like abuse, neglect, or instability.
Key elements of sole custody
- Sole legal custody: One parent has exclusive authority to make major decisions about the child’s education, healthcare, religion, and general welfare.
- Sole legal custody: One parent has exclusive authority to make major decisions about the child’s education, healthcare, religion, and general welfare.
- Reasons for awarding sole custody: Courts usually grant sole custody in cases where shared custody would put the child at risk or cause instability, such as when a parent has a history of violence, substance abuse, or absence.
- Visitation rights: Even in sole custody arrangements, the noncustodial parent may still be granted supervised or unsupervised visitation, unless it is deemed unsafe.
- Modifications: Custody orders can be changed if circumstances change significantly, such as one parent becoming fit to care for the child or relocating.
- Best interest of the child: The court’s primary goal is to make decisions that support the child’s safety, stability, and emotional well-being.
When sole custody may be necessary
Sole custody is generally considered a last resort when joint custody is not in the child’s best interest. While some parents pursue sole custody due to conflict or mistrust, courts prioritize the child’s relationship with both parents whenever possible. That said, sole custody can provide needed protection and structure in high-conflict or unsafe situations.
If you're considering seeking sole custody or responding to a custody petition, it’s important to understand your state’s custody laws and prepare any relevant documentation. Legal guidance can be helpful for navigating the process and understanding your rights.
