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Sole custody?

Jackson, MS |

My husband (soon to be ex) has agreed to giving me sole custody of our child. I have heard that most judges prefer to grant joint custody, however, if both parties agree to one person having sole custody, and they both agree on visitation will a judge grant it? The child is 1 and has lived only with me for his entire life.

Attorney Answers 3


Sole custody is an option. Now there is legal custody and physical custody which are separate. Additionally provisions must be made for the support of the child. I recommend having an attorney review the matter with you

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but instead need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice.

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You have heard incorrectly. True "joint custody" is not very common in my experience. In a pure joint custody situation, the child would spend approximately 50% of the time with each parent. This is very difficult unless the parents still live relatively close to each other, and have the ability to get along for co-parenting purposes.

"Joint Legal Custody" is common--this allows both parents to consent to medical care for the child, etc. It is usually paired with "primary" physical custody being awarded to one parent, with the other parent having visitation and paying support.

That said, in a more direct answer to your question--Yes, if the parties agree that one party should have "sole custody" and the other will have visitation, AND there is a provision regarding child support that is appropriate under the circumstances, the judge will likely approve it.

Answers provided are for informational purposes only. No attorney-client relationship is intended or implied.

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The statute favors joint LEGAL custody, which is the branch of custody dealing with the decision making rights for the child.

Joint PHYSICAL custody is the branch of custody dealing with whom the child will permanently reside. Joint Physical Custody arrangements almost never work.

I think you have heard correctly and not understood the difference between joint legal custody and joint physical custody. They are two very different things.

If your husband has agreed to give you sole physical custody, you should not have any problems.

No attorney-client relationship has been formed by this answer. The answer given herein should not be your only inquiry into the matter or issue. You should schedule an appointment and seek the advice of an attorney to fully explain the facts so that the attorney can make an informed analysis and recommendation concerning your problem and advise you of all of your rights.

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