California Family Law Lawyers
What is Sole Custody?
Last Updated: October 13, 2026 
When you’re seeking custody of your children, there’s more to it than just filing papers. You need an experienced lawyer on your side to make sure you understand all the legal jargon and know the next steps to take that will be in your best interest.
There are different custody; you should know the difference in each before you go to court to fight for your parental rights and custody arrangements.
What is Joint Custody in California?
Joint custody is a common preference in a child custody case. However, there are some situations where this isn’t possible. In such cases, the parents argue about who is going to obtain sole custody.
What is Sole Custody?
The term “sole custody” refers to one parent having legal and physical possession of the kid. This implies that the kid spends most of his or her time with that parent. The non-custodial parent has visitation rights, but the custodial parent makes all the major decisions about the kid’s life.
Sole Custody Types:
- Sole legal custody: The parent handles the child’s wellbeing, including his or her education and healthcare.
- Sole physical custody: The child lives with one parent and the other parent has visitation rights
- Sole physical and legal custody: The child lives with one parent and that parent can make decisions about the child’s welfare.
Sole custody is usually only granted in cases of domestic violence, child abuse, or substance abuse. The court will grant sole custody to one parent if the child is determined to be in danger.
If you are fighting for sole custody, it is important to have an experienced attorney on your side.
Who Will Determine Sole Custody?
A judge will make the decision on who gets sole custody. They will look at a variety of factors to determine what is in the best interest of the child. This includes the relationship of the child with each parent, the work schedule of each parent, and the home environment of each parent.
What if Both Parents Agree on Sole Custody?
If both parents agree on who should have sole custody, the judge will likely approve this arrangement. It is always best if the parents can come to an agreement outside of court. This will save time and money.
Contact us today to schedule a consultation with one of our experienced child custody attorneys. We can help you fight for the custody arrangement that is best for your family.
Schank Family Law
Attorney Christian L. Schank founded Schank Family Law in 2003. With eight offices and a Certified Family Law Specialist on staff, the firm handles divorce, custody, support, and property matters in courts across the state.