What is the Difference Between Joint Custody and Sole Custody?

Divorces can be complicated. There is a lot involved, especially if the couple has children. One thing the couple will have to decide on, or have a court decide on, is child custody.

There are many types of agreements that parents could have. For example, one parent may have custody of the child on weekends. Or maybe it’s a 3-4 schedule, where one parent has the child for three days, then the other parent has them for four days.

There are many scheduling arrangements based on the parents’ schedules, but there are just two main ways custody is shared: joint and sole custody.

Most custody agreements in Tennessee are joint custody. Joint custody is when two parents share the rights, and often the decision making, of their child. This does not require a 50/50 schedule. When parents have joint custody, they share legal custody, and a schedule is put in place to manage physical custody.

Joint custody means the child will spend substantial time living with both parents. Because moving back and forth can be hard on a child, joint custody may not be exactly 50/50. Instead, the child may predominantly live with a “primary residential parent,” while also sharing time with the alternative residential parent.

Sole custody is the opposite. Nothing is shared. One parent has complete legal or physical custody, or both. The child lives with them 100% of the time, and they are allowed to make all decisions for the child without consulting the other parent.

Sole custody is rare, but it does happen. Sometimes it is in the best interest of the child to be with one parent only. This typically happens in situations where the other parent is deemed unfit due to issues like abuse, neglect, substance abuse, mental illness, or a history of violence. It may also occur if one parent is absent or unwilling to be involved in the child’s life.

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Divorce comes with a lot of elements, and if you have minor children, you and your spouse will have to figure out custody issues together or have the court decide.

Child custody can be a contentious issue because both parents often want to see their children as much as possible. Contact a Tennessee child custody lawyer from The Law Office of David L. Scott. I have more than two decades of experience and can help present your information to the court with the goal of maximizing the time you get to spend with your child. Schedule a consultation today by calling (615) 896-7656 or filling out the online form.