Joint Custody

Some judges feel that it is important to maintain contact between the child and both parents. Their reasoning is based on research studies showing that children may suffer less stress and emotional harm after divorce if the parents are able to share custody. Rather than feeling abandoned by one parent, the child would have a sense of being loved by both parents and of being involved in both households. “Joint custody is a way of keeping both parents involved,” says a family law attorney.

Sole Custody

The court may award sole custody to the parent who, in its opinion, is better equipped to provide for the needs of the child. The judge may decide that the custodial parent be the sole decision-maker regarding important issues concerning the child’s well-being. Often, the court arrives at the decision after listening to the findings of assessors—these are usually psychologists, psychiatrists, or social workers.

Proponents of sole custody feel that the arrangement gives the child more stability. When parents are unable or unlikely to communicate effectively with each other, many trial judges prefer this custodial arrangement. Of course, the noncustodial parent is not cut out of the child’s life. Visitation rights are generally awarded to the noncustodial parent, and both parents can continue to provide the child with needed guidance, love, and affection.