Full Custody

Full custody can mean sole physical custody, sole legal custody, or both. Physical (also called residential) custody determines where the child will live most of the time. Having a stable primary residence as a home environment is usually considered to be good for the child. Mothers are generally granted sole physical custody. However, some parents who live close together can share physical custody without creating too much disruption in a child's school and extracurricular schedule. Legal custody determines who can make important decisions for the child. Sole legal custody is often granted when a judge has decided that the non-custodial parent is unable or unwilling to act in the best interests of the child. Just because a parent has full custody, this does not mean that the non-custodial parent's rights are terminated. The non-custodial parent will still have visitation rights as determined by the court.

Fast Facts

  • Even parents with a history of mental instability or violence may retain some custody rights.
  • The parent who continues to live with the minor child in the family home during separation is more likely to be granted physical custody.
  • Custody may be granted on a temporary or permanent basis.

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