Sole versus Shared Custody of Children: Hear it from Family Law Solicitors

 

Every relationship confronts troubled waters, but it’s child welfare that matters the most during a divorce or separation. That’s when the term ‘custody’ comes into play. As we all decipher the term, it’s the day-to-day care of dependent children by parents. While mothers usually shoulder this responsibility, the Irish law also grants custody to fathers or both the parents. It’s a part of the negotiation, every couple settling for a divorce reaches at some point in time.

You can categorise this custody into Physical and Legal. While the former entrusts parents with the right to live alongside their children, under the same roof and take key decisions on their behalf; the latter endows them with every right to make choices on behalf of them for education and healthcare without being physically present. Such rights either can be solely taken or shared between the parents. Let’s hear the differences between the two from Breen Walsh Solicitors, the most popular family law solicitors in Ireland.

Sole Custody

This custody offers only one of the parents to take care of the child. Since most of the times it’s unsuccessful, solicitors in Cork encourage parents to apply for shared custody. Sole custody fails to work when the family court receives evidence of poor physical, psychological and emotional health of a parent. However, it’s somewhat preferable when one of the parents is a drug addict, shares an unacceptable history of drug abuse, and frequently travels for work purpose. In such instances, the court entrusts the responsibility to the other parent, who provides the child with a stable home. Another circumstance when sole custody seems more desirable is when parents stay apart, especially in different cities/ state/ countries. Family laws solicitors here recommend sole custody because it’s unfair for the child to travel frequently from one place to another, just to conform to the laws set by shared custody.

With this, the next question that might cross your mind is whether non-custodial parents have the right to see their child. If they are a potential threat to the child, then restrictions might come into play. However, severing all ties and splitting up of relations is never the case. If the non-custodial parent can manage a visitation right, then meeting the child under supervision or non-supervision is always possible.

Shared Custody

Shared custody, on the contrary, is just the opposite of its counterpart. Here, both the parents exercise the right to make decisions and stay beside their children to act in the best interest. The primary motive of such custody is to provide the child or children with a stable and healthy life after divorce.

As both parents share the rights of custody, the next question that might pop up in mind is whether it’s shared equally. To this, remember, it’s not written anywhere to endow them uniformly. However, both shall receive some rights and responsibilities concerning the custody of children. It’s unjustified to expect the same in joint custody.

What if disputes arise during decision-making for the welfare of the child? In that case, it’s wise to call upon a solicitor, specialising in family law to step in and take an independent decision. Now, this holds for legal custodial rights, setting the rules apart from a physical one. The latter, on the contrary, bestows rights, not necessarily equal, with one spending more time with the child than the other.

Wrapping up:

Does all this seem tad complex to a layperson? This is probably why solicitors in Cork exist. You may appoint one of them to understand the best type of custody for you and your child.