Sole Custody

What is Sole Custody?

Sole Custody is a custody arrangement wherein one parent is given physical and legal custody of a child. Under this scenario, one parent is given the rights and responsibility for all major decisions regarding a child.

Legal Basis for Sole Custody

In Georgia, sole custody is grounded in the state's family law framework, which prioritizes the child's best interests. According to Georgia Code § 19-9-3, custody decisions,whether joint or sole, are made to ensure the child's welfare, safety, and stability. Sole custody is an exception to the norm of joint custody, as Georgia public policy, as noted in the original document, encourages ongoing relationships with both parents post-divorce. However, courts may grant sole custody when joint arrangements are impractical or detrimental to the child.

Factors Courts Consider When Awarding Sole Custody

Best Interest of the Child Standard: The primary consideration is the child's physical, emotional, and developmental needs. Courts assess which parent can best meet these needs exclusively.
Safety Concerns, Including Abuse or Neglect: Evidence of harm or risk to the child, such as domestic violence or neglect, strongly supports sole custody for the protective parent.
Parental Involvement and Ability to Provide Stability: Courts evaluate each parent's history of caregiving, consistency, and capacity to offer a stable home environment.

Common Reasons for Granting Sole Custody

Sole custody is typically awarded in extreme or exceptional cases. Below are the most frequent reasons courts in Georgia may opt for this arrangement:

Parental Unfitness

Evidence of Abuse, Neglect, or Substance Abuse: Documented instances of physical or emotional abuse, neglect, or chronic substance abuse can render a parent unfit, justifying sole custody to the other parent.
Mental Health Issues Affecting Parenting Ability: Severe, untreated mental health conditions that impair a parent's ability to care for the child may lead to sole custody for the more capable parent.

High Conflict Between Parents

Inability to Cooperate in Joint Decision-Making: When parents cannot communicate or agree on basic child-rearing decisions, courts may award sole custody to avoid ongoing disputes.
History of Parental Alienation: If one parent attempts to undermine the child's relationship with the other, sole custody may be granted to protect the child's emotional well-being.

Practical Considerations

One Parent's Unavailability Due to Work or Relocation: A parent's demanding job schedule or move out of state can make joint custody unfeasible, favoring sole custody for the available parent.
Lack of Involvement or Interest by the Non-Custodial Parent: If one parent has historically been uninvolved or shows disinterest in the child's life, courts may grant sole custody to the engaged parent.

Implications of Sole Custody

For the Custodial Parent

Full Responsibility for Decisions and Caregiving: The custodial parent handles all major decisions (e.g., school choice, medical care) and day-to-day care without required input from the other parent.
Impact on Work-Life Balance and Personal Life: Managing all parenting duties alone can strain time, finances, and personal well-being, requiring significant resilience and support.

For the Non-Custodial Parent

Typically Limited to Visitation Rights: The non-custodial parent may have scheduled visitation, but no legal say in major decisions unless the court specifies otherwise.
Potential for Reduced Involvement in the Child's Life: Limited contact can weaken the parent-child bond, depending on the visitation arrangement and relationship dynamics.

For the Child

Benefits of Stability with One Primary Caregiver: A consistent home and decision-maker can provide security, especially in high-conflict or unsafe situations.
Potential Emotional Impact of Reduced Contact with the Other Parent: Less time with the non-custodial parent may lead to feelings of loss or disconnection, though this varies by case.

Legal Process for Obtaining Sole Custody

Filing a Petition

Steps to Initiate a Custody Case: To seek sole custody, a parent must file a petition with the superior court in the child's county of residence. This can occur during a divorce or as a separate custody action. Legal representation from Meriwether & Tharp, LLC, can guide this process. Contact us for assistance.

Providing Evidence

Documentation to Support Claims of Unfitness or Conflict: Evidence may include police reports, medical records, witness statements, or communication logs showing abuse, neglect, or irreconcilable conflict. Detailed records strengthen the case for sole custody.

Court Evaluation

Assessment by the Court: A judge reviews the evidence, may appoint a guardian ad litem to represent the child's interests, and considers testimony from both parents. The focus remains on the child's best interests.

Temporary Custody Orders

Interim Arrangements: Courts may issue temporary sole custody orders during the case if immediate action is needed (e.g., safety concerns). These orders can later become permanent based on the final ruling.

Practice Pointer

A common misconception of sole custody is the assumption that the other parent will be completely cut out of a child's life. That is not necessarily the case. Even with an award of sole custody, the other parent can often maintain some level of visitation with their child.

When is Sole Custody Likely to be Awarded?

It is uncommon to see an award of sole custody in Georgia. Georgia's public policy is to ensure that the bond between BOTH parents continues after a divorce. That said, sole custody is more likely to be awarded in extreme cases involving one of the following items:

Safety of a Child

Perhaps the most important thing that will influence a court's decision in a child custody case is when it perceives there is an issue that involves the safety of a child.