Sole custody is a type of child custody in Ohio that parents can fight for when going through a divorce. Sole custody is defined as one parent having the exclusive legal and physical custody of his or her children. This is a very rare arrangement these days, unless the other parent has been deemed unfit or incapable of having any responsibility over his or her children.
When sole custody is awarded to a parent, the other parent is known as non-custodial. This means he or she does not have physical or legal custody over the children. The non-custodial parent might be awarded visitation rights, some of which could be supervised in cases involving domestic violence or child abuse.
Sole legal custody occurs when one parent is awarded the sole rights to make decisions for the child. These decisions involve health care, education, religious upbringing, moral development and much more. Sole physical custody occurs when one parent is awarded the sole rights to have the child reside with him or her all the time. There is no shared residency, but visitation can occur.
One of the biggest benefits of sole custody in Ohio is the fact that the parent with sole custody does not have to consult with the other parent regarding the children. Sole custody does not impact the visitation rights of the other parent. This will be determined by the judge presiding over the child custody case.
A common misconception about sole custody is that the parent with sole custody can relocate with the child without telling the other parent or without the permission of the court. If the other parent has visitation rights, the court will need to address the issue. During this time, the court will issue a temporary order that keeps status quo in place until a ruling is made about relocating the child.
Going through a divorce in Columbus, Ohio? An experienced divorce attorney can answer all of your questions about child custody and sole custody.
Source: FindLaw, "Sole Custody," accessed May 16, 2017