Child Custody

Child Custody: Sole Custody vs. Joint Custody

Child custody arrangements seek the best interests of the children involved.  Sometimes courts decide that both parents should share custody; other times, one parent is awarded custody.

According to Nolo.com:

Sole Custody

One parent can have either sole legal custody or sole physical custody of a child. Courts generally won’t hesitate to award sole physical custody to one parent if the other parent is deemed unfit — for example, because of alcohol or drug dependency, a new partner who is unfit, or charges of child abuse or neglect.

However, in most states, courts are moving away from awarding sole custody to one parent and toward enlarging the role a divorced father plays in his children’s lives. Even where courts do award sole physical custody, the parties often still share joint legal custody, and the noncustodial parent enjoys a generous visitation schedule. In that situation, the parents would make joint decisions about the child’s upbringing, but one parent would be deemed the primary physical caretaker, while the other parent would have visitation rights.

It’s understandable that there may be animosity between you and your ex-spouse. But it’s best not to seek sole custody unless the other parent causes direct harm to the children. Even then, courts may simply allow supervised visitation, while still ordering joint legal custody.

Joint Custody

Parents who don’t live together have joint custody (also called shared custody) when they share the decision-making responsibilities for, and/or physical control and custody of, their children. Joint custody can exist if the parents are divorced, separated, or no longer cohabiting, or even if they never lived together. Joint custody may be:

• joint legal custody
• joint physical custody (where the children spend a significant portion of time with each parent), or
• joint legal and physical custody.

It is common for couples who share physical custody to also share legal custody, but not necessarily the other way around. (Source: http://www.nolo.com/legal-encyclopedia/types-of-child-custody-29667.html)

For information on Washington State child custody laws:

Washington State Parenting Plans
Washington State Legislature: Domestic Relations