Understanding the difference between joint custody vs sole custody can help prepare you to decide what is best for your family dynamic.
Joint custody is where both parents share in the upbringing and care of a child. It may involve the child staying with each parent an equal amount of time throughout the year. Or, the child may live with one parent for most of the year, but both parents are involved in making decisions about the child. In a sole custody arrangement, one parent may be the primary caregiver, and the other may have limited visitation rights.
At Remington & Dixon, our team understands the nuances of creating child custody agreements in North Carolina. Our family law attorney can help you decide the most suitable arrangement for your family. We can also help you prepare and file the necessary paperwork to begin custody proceedings and help you get ready for mediation if this is something the court asks you to participate in.
What Is a Joint Custody Arrangement?
Custody encompasses two different components: legal and physical custody. Physical custody involves where the child physically stays and who provides for their day-to-day needs, like food, shelter, and clothing. Legal custody, in contrast, involves essential decisions about the child’s upbringing, like where they will go to school, what religion they’ll practice, and matters concerning their health.
In a joint custody agreement, parents agree to divide parenting time and parental responsibility between them. How they decide to do this depends on what works best for them. For example, the parents may create a schedule where the child stays with each parent for an equal amount of time throughout the year. They may also try to share equally in the decision-making process regarding the child’s upbringing. The court tends to favor joint custody as a default; however, due to safety or practical reasons, joint custody may not be appropriate or feasible.
What Is Sole Custody?
What sole custody means is that one parent has both legal and physical custody of the child.
The other parent may have the right to visit with the child based on a predetermined schedule.
But, if there are safety concerns in the noncustodial parent’s household — such as domestic violence or drug or alcohol use — the other parent may not have visitation rights until those are resolved.
The non-custodial parent may get supervised visitation rights, meaning they can’t be alone with the child during their visitation time.
Instead, someone — like a court-approved relative or friend — must be present during their visits with the child.
Choosing Between Joint Custody and Sole Custody
Under North Carolina law, joint custody tends to be the favored arrangement unless circumstances call for something different. The reason for this is that joint custody can allow both parents to foster a relationship with the child and be part of their upbringing. This arrangement also makes sense if the parents get along and can be at least amicable co-parents.
If the parents don’t get along or there are safety issues present in one of the households, sole custody may be the preferred arrangement.
Sole custody may also be appropriate if, for example, one of the parents is incarcerated, presents a danger to the child, or is away for long periods.
That being said, North Carolina law does have protections for spouses who are in the military and often have to leave for training or deployment. The law attempts to strike a balance so that these parents don’t automatically lose their custody rights because of their duty to this country.
Modifying Custody Arrangements: Moving From Joint to Sole Custody or Vice Versa
As time goes on, the original custody arrangement may not align with the parent’s and child’s current situation. For example, a parent who previously had a job that required them to move a lot may get a new position that allows them to live in one place indefinitely closer to where the child is. As a result, the parents may find it appropriate to modify their agreement.
North Carolina law allows people to ask the court to modify a custody order, which may shift the arrangement from a joint to sole custody configuration or vice versa. The rules allow a parent or an interested party to request this change by filing a motion with the court.
Before the judge agrees to modify the custody arrangement, the person requesting the adjustment needs to prove that the circumstances have substantially changed. A qualifying change might be something that impacts a parent’s ability to engage with and care for the child, such as losing their house or getting a job that frequently requires them to be away from their home. Like with the original custody arrangements, the court’s primary concern is likely the best interest of the child versus the parent.
Contact an Experienced Charlotte Family Lawyer
People can create co-parenting agreements that follow one of two frameworks: joint custody vs sole custody. Joint custody may make sense if you and your co-parent get along reasonably well and can provide a safe and stable living environment. If there are safety issues in one of the households, however, awarding one parent sole custody and the other visitation rights may make more sense.
The child custody attorney at Remington & Dixon, PLLC, can provide personalized legal guidance during this time. Jennifer Dixon has years of experience navigating contentious and amicable co-parenting situations. Contact us today to set up your fully confidential, no-obligation initial consultation by calling 704-247-7110.
