Sole Physical Custody

What Is Sole Physical Custody

Primary Residential Parent

Sole physical custody (also called “primary physical custody” or “primary residential custody”) means the child lives primarily with one parent (the “custodial parent”), while the other parent (the “non-custodial parent”) has visitation rights or “parenting time.”

Simple Definition:

Sole physical custody = Child lives with one parent most of the time (typically 70-100% of the time). The other parent has scheduled visits but does not share equal residential time.

This is different from joint physical custody, where both parents have the child for significant, roughly equal periods.

Quick Overview

Sole Physical Custody Means:

• Child has one primary home (lives with custodial parent)
• One parent provides most daily care (70-100% of time)
• Other parent has visitation/parenting time (0-30% of time)
• Clear primary residence for school, medical care
• Non-custodial parent pays child support (typically)
• More stability with one primary home
• Less frequent transitions than joint physical
• Custodial parent has more control over daily routines

Does NOT Mean:

• Other parent has no relationship with child (visitation continues)
• Other parent loses all rights (still has certain rights)
• Child never sees other parent
• Other parent can’t be involved (can attend events, access records)
• Automatically means sole legal custody (decision-making is separate)

Critical Distinction: Sole physical custody is about where the child lives. It’s completely separate from legal custody (who makes decisions).

What Qualifies as “Sole Physical Custody”?

Time Split Thresholds:

TYPICAL DEFINITIONS BY STATE:

70/30 SPLIT OR MORE:
Custodial parent: 70%+ of time
Non-custodial parent: 30% or less
= Sole physical custody to primary parent

80/20 SPLIT:
Custodial parent: 80% of time
Non-custodial parent: 20% of time (every other weekend + some weeknights)
= Classic sole physical custody

UNDER 35-40% TO ONE PARENT:
Most states consider this sole/primary physical custody
rather than joint physical custody

100/0 SPLIT (Rare):
Custodial parent: All time
Non-custodial parent: No visitation
= Extreme sole physical custody
(Only in cases of abuse, danger, etc.)

Key Indicator: If one parent has child for significantly more time than the other (typically 65%+), it’s sole/primary physical custody.

Terminology Variations

Different terms, same concept:

SOLE PHYSICAL CUSTODY (Most states):
One parent has primary physical custody

PRIMARY PHYSICAL CUSTODY (Some states):
Emphasizes one parent is primary
(May still acknowledge other parent has significant time)

PRIMARY RESIDENTIAL CUSTODY:
Focus on child's primary residence

CUSTODIAL PARENT:
Parent with whom child primarily lives

NON-CUSTODIAL PARENT:
Parent who has visitation/parenting time

VISITATION:
Older term for non-custodial parent's time

PARENTING TIME:
Modern term replacing "visitation"
(Less stigmatizing, recognizes active parenting)

This guide uses these terms interchangeably as they all
describe the same basic arrangement.

Real-World Example

SCENARIO: Distance and Work Schedules

Jessica and Michael divorced after 12 years of marriage.
Two children: Emma (9) and Lucas (6)

CIRCUMSTANCES:
- Jessica lives in Dallas (children's school district)
- Michael got job in Houston (3 hours away)
- Jessica has 9-5 job with flexibility
- Michael travels frequently for work
- Children settled in Dallas schools

COURT ORDERED:

Legal Custody: Joint
- Both make major decisions together
- Must agree on school, medical, religion
- Both have equal say in important matters

Physical Custody: Sole to Jessica
- Children live with Jessica in Dallas
- Jessica is primary residential parent
- Michael has visitation schedule

SCHEDULE:
Jessica (Custodial Parent - 75%):
- Children live with her full-time
- Monday-Friday every week
- Alternating weekends when not Michael's time
- All school year
- Children sleep at her house most nights

Michael (Non-Custodial Parent - 25%):
- First and third weekends of month
  (Friday 6pm - Sunday 6pm)
- One weeknight dinner monthly
  (Wednesday 5pm-8pm when in Dallas)
- 4 weeks in summer (2 consecutive weeks, twice)
- Alternating major holidays

TYPICAL WEEK:
Monday-Friday:
- Kids at Jessica's house
- Jessica does school drop-offs
- Jessica handles homework
- Jessica provides dinner
- Jessica does bedtime
- Kids sleep at Jessica's

Weekend 1 (Michael's):
- Friday after school: Michael drives to Dallas, picks up kids
- Weekend at Michael's (or activity in Dallas area)
- Sunday 6pm: Returns kids to Jessica

Weekend 2-4 (Jessica's):
- Kids stay with Jessica
- Normal weekend activities
- Time with Jessica's extended family

WHAT THIS MEANS:

Jessica (Custodial Parent):
✓ Has children 75% of time (~274 days/year)
✓ Provides most daily care
✓ Handles school routine
✓ Manages activities
✓ Makes day-to-day decisions
✓ Primary home and stability
✓ Most parenting responsibility

Michael (Non-Custodial Parent):
✓ Has children 25% of time (~91 days/year)
✓ Regular visitation schedule
✓ Maintains relationship
✓ Quality time on weekends
✓ Extended summer time
✓ Participates in major decisions (joint legal)
✓ Pays child support

Children:
✓ One primary home (stability)
✓ Same school year-round
✓ Established friend groups
✓ Consistent routine Monday-Friday
✓ Regular time with both parents
✓ Extended summer with dad
✓ Less frequent transitions

RESULT: Stable primary home with Jessica due to
geographic distance and Michael's work schedule, but
Michael remains involved through regular visitation
and shared decision-making.

How Sole Physical Custody Works

The Mechanics of Primary Custody

Living Arrangements

One Primary Home:

AT CUSTODIAL PARENT'S HOUSE:
✓ Child's primary bedroom
✓ All clothes and belongings
✓ School district address
✓ Medical records address
✓ Where child "lives"
✓ Established routine
✓ Main set of toys, books
✓ Feels like permanent home

AT NON-CUSTODIAL PARENT'S HOUSE:
✓ Child's bedroom (when visiting)
✓ Some clothes and items
✓ Toys and games for visits
✓ Feels like "visiting" or "dad's place"
✓ Less established than primary home
✓ May or may not feel like "home"

COST IMPLICATIONS:
- Custodial parent: Full household for child
- Non-custodial parent: Partial setup for visits
- Less expensive than two equal homes
- Non-custodial parent pays child support

Daily Responsibilities

Custodial Parent’s Role:

MOST OF THE TIME (70-100%):

✓ School mornings and drop-offs
✓ Homework supervision daily
✓ After-school care
✓ Dinner and meals most days
✓ Bedtime routines regularly
✓ Transportation to activities
✓ Day-to-day discipline
✓ Medical appointments (most)
✓ School conferences
✓ Daily care and supervision
✓ Managing child's schedule
✓ Coordinating activities
✓ Primary emotional support

Custodial parent does the "heavy lifting"
of daily parenting - not just fun time.

Non-Custodial Parent’s Role:

DURING VISITATION TIME (0-30%):

✓ Quality time on weekends
✓ Special activities
✓ Homework during their time
✓ Meals during visits
✓ Some bedtime routines
✓ Transportation to/from visits
✓ Parenting during their time
✓ Building relationship
✓ Providing stability during visits

BUT LESS OF:
- Daily grind
- School morning rush
- Homework battles every night
- After-school logistics
- Weekday routine

Can feel like "Disneyland parent"
if not intentional about real parenting.

School and Activities

Coordination Needed:

SCHOOL:
- Child enrolled at custodial parent's address
- Attends school in custodial parent's district
- School transportation from custodial home
- Custodial parent handles most school issues
- Non-custodial parent receives reports
- Both can attend conferences
- Non-custodial parent picks up from school for visits

ACTIVITIES:
- Usually scheduled around custodial parent's location
- Custodial parent transports most of time
- Non-custodial parent takes during their time
- Costs typically shared (proportionally)
- May attend games/events even when not their time

EXAMPLE:
Emma plays soccer - practices Tuesday/Thursday,
games Saturday morning

Tuesday/Thursday practices:
- Jessica (custodial) takes Emma (her weeks)
- Michael misses these (in Houston)

Saturday games:
- Jessica's weekend: She takes Emma
- Michael's weekend: He takes Emma
- Michael may attend even on Jessica's weekends
  (drives to Dallas for game)

Requires coordination but manageable

Visitation Schedule

Structured and Predictable:

TYPICAL SCHEDULE COMPONENTS:

REGULAR WEEKENDS:
- Every other weekend, or
- First/third/fifth weekends, or
- Extended weekends (Friday-Monday)
- Start/end times specified
- Location for exchanges

WEEKNIGHT VISITS (Sometimes):
- One evening per week (dinner)
- Wednesday or Thursday common
- With or without overnight
- During non-custodial parent's off weekends

HOLIDAYS:
- Alternating major holidays
- Specific start/end times
- Transportation specified
- Clear which parent has which holiday

SUMMER:
- Extended time (2-6 weeks typically)
- Advance notice required
- Cannot conflict with other parent's time
- Often consecutive weeks

SCHOOL BREAKS:
- Spring break (alternate or split)
- Winter break (alternate or split)
- Other breaks as specified

Everything detailed in court order
to prevent disputes.

Communication Requirements

Moderate Communication:

MUST COMMUNICATE ABOUT:

✓ Visitation schedule changes
✓ Child's health issues
✓ School information (major)
✓ Emergency situations
✓ Major decisions (if joint legal custody)
✓ Activity schedules affecting visits
✓ Travel plans with child

LESS DAILY COMMUNICATION THAN JOINT:
- Not constant coordination
- Don't need to discuss daily routine
- Custodial parent manages most decisions
- Communication around visits/major issues

METHODS:
- Email (major topics)
- Text (visit logistics)
- Co-parenting app (optional but helpful)
- Phone (emergencies)
- Brief at exchanges

Can work with less communication than
joint physical custody requires.

Day-to-Day Decisions

Custodial Parent’s Authority:

CUSTODIAL PARENT HANDLES:

✓ Daily routine decisions
✓ Bedtimes on school nights
✓ Homework enforcement
✓ After-school activities
✓ Friend playdates
✓ Daily meals
✓ Screen time management
✓ Minor discipline
✓ Day-to-day health care
✓ School supplies
✓ Clothing purchases

Does NOT automatically mean:
- Sole legal custody (decision-making)
- Can make major decisions alone
- Other parent has no say

If joint legal custody:
Both still decide major issues together
(school choice, medical procedures, etc.)

Common Visitation Schedules

Standard Parenting Time Arrangements

The visitation schedule determines when the non-custodial parent has the child.

Schedule Options Overview

ScheduleNon-Custodial %Days/YearOvernightsComplexityStabilityEvery Other Weekend~14%52 days104 nightsSimpleVery HighEOW + 1 Weeknight~20%78 days104-156 nightsModerateHighStandard Possession (TX)~20%73 days115 nightsModerateHigh1st/3rd/5th Weekends~18%65 days100-130 nightsModerateHighExtended Weekends~25%91 days130 nightsModerateModerateSupervised Visitation~1-2%5-10 days0 nightsN/AVery High

Every Other Weekend

Most Common Basic Schedule

SCHEDULE:
Alternating weekends (Saturday-Sunday or Friday-Sunday)

EXAMPLE:
Weekend 1: Non-custodial parent has child
  Saturday 9am - Sunday 6pm

Weekend 2: Custodial parent has child (all weekend)

Weekend 3: Non-custodial parent has child
  Saturday 9am - Sunday 6pm

Weekend 4: Custodial parent has child (all weekend)

Continues alternating

PERCENTAGE: ~14% to non-custodial parent
(52 days/year out of 365 = 14%)

ADVANTAGES:

FOR CUSTODIAL PARENT:
✓ Child home most of time
✓ Consistent routine
✓ Easy to plan
✓ Minimal disruption
✓ Primary stability
✓ School week uninterrupted

FOR NON-CUSTODIAL PARENT:
✓ Regular, predictable time
✓ Every other weekend guaranteed
✓ Quality time focused
✓ Can plan activities
✓ Less complex than shared custody

FOR CHILD:
✓ One stable primary home
✓ Consistent school week
✓ Minimal transitions
✓ Established friend group
✓ Regular routine

DISADVANTAGES:

FOR NON-CUSTODIAL PARENT:
✗ Very limited time (14%)
✗ Two weeks between visits feels long
✗ Miss most of child's life
✗ Misses school events, activities
✗ Feels like "visitor" not parent
✗ Hard to maintain close bond

FOR CHILD:
✗ Limited time with one parent
✗ May lose closeness with non-custodial parent
✗ Could feel one parent doesn't care
✗ Unequal relationships

BEST FOR:

• Geographic distance (parents far apart)
• Non-custodial parent’s work schedule limited
• Very young children (minimize transitions)
• High conflict (minimize contact)
• When more time not feasible

Every Other Weekend + One Weeknight

Enhanced Visitation Schedule

SCHEDULE:
Alternating weekends PLUS one weeknight visit
(with or without overnight)

EXAMPLE:
Every Week:
- Wednesday 5pm-8pm dinner visit, OR
- Wednesday 5pm - Thursday morning overnight

Alternating Weekends:
- Friday 6pm - Sunday 6pm

PERCENTAGE: ~20% to non-custodial parent
(If weeknight overnight included)

ADVANTAGES:

✓ More contact than EOW only
✓ Midweek visit breaks up two weeks
✓ Child sees both parents weekly
✓ Maintains stronger connection
✓ Still one primary stable home
✓ School routine mostly intact

DISADVANTAGES:

✗ Midweek visit can be disruptive
✗ Extra transition
✗ Homework coordination needed
✗ If overnight, school morning from non-custodial home

BEST FOR:

• Parents living relatively close
• Non-custodial parent wants more involvement
• Child struggling with long gaps
• Balance between stability and contact

Standar Possession (Texas)

Texas-Specific but Common Nationwide

SCHEDULE (Texas Family Code § 153.312):

WEEKENDS:
- 1st, 3rd, and 5th weekends of month
- Friday 6pm (or school dismissal) - Sunday 6pm
  (or school resumes Monday)

WEEKNIGHT:
- Thursday 6pm-8pm (or 6pm-school Friday if Thursday
  is parent's weekend)

SUMMER:
- 30 days (must give 60 days notice)
- Cannot interfere with other parent's weekends

HOLIDAYS (Alternating):
- Christmas (split in even/odd years)
- Thanksgiving
- Spring Break
- Child's birthday

PERCENTAGE: ~20-25% to non-custodial parent

ADVANTAGES:

✓ Detailed and comprehensive
✓ Clear expectations
✓ Well-tested schedule
✓ Courts familiar with it
✓ Extended summer time
✓ Balanced holiday time

BEST FOR:

• Texas residents (statutory)
• Parents wanting comprehensive order
• Clear structure needed
• Used as model in other states

First, Third, Fifth Weekends

Traditional Visitation Pattern

SCHEDULE:
First, third, and (when applicable) fifth
weekends of each month

EXAMPLE MONTH WITH 4 WEEKENDS:
Weekend 1 (1st): Non-custodial parent
Weekend 2 (2nd): Custodial parent
Weekend 3 (3rd): Non-custodial parent
Weekend 4 (4th): Custodial parent

EXAMPLE MONTH WITH 5 WEEKENDS:
Weekend 1 (1st): Non-custodial parent
Weekend 2 (2nd): Custodial parent
Weekend 3 (3rd): Non-custodial parent
Weekend 4 (4th): Custodial parent
Weekend 5 (5th): Non-custodial parent

PERCENTAGE: ~18-20% depending on month

ADVANTAGES:

✓ More time than every other weekend
✓ Gets 5th weekend (bonus time)
✓ Predictable pattern
✓ Standard in many states

DISADVANTAGES:

✗ Sometimes only 2 weeks between visits
✗ Sometimes consecutive weekends (end of month/start of next)
✗ Can be confusing to track

Extended Weekends

Longer Weekend Visits

SCHEDULE OPTIONS:

Option 1: Friday-Monday
- Friday after school - Monday morning
- Extended 3-day weekends
- Alternating

Option 2: Thursday-Monday  
- Thursday after school - Monday morning
- 4-day weekends
- Alternating

PERCENTAGE: ~25-30% to non-custodial parent
(depending on configuration)

ADVANTAGES:

✓ Longer time together
✓ More meaningful visits
✓ Better for distance situations
✓ Non-custodial parent gets school time
✓ More like "real parenting"

DISADVANTAGES:

✗ Child misses more school from primary home
✗ More disruptive to school routine
✗ Homework coordination complex
✗ Longer time away from custodial parent

BEST FOR:

• Geographic distance
• Non-custodial parent limited weekends available
• Older children
• Summer schedule

Supervised Visitation

Safety-Required Schedule

WHEN ORDERED:
- Child safety concerns
- Domestic violence history
- Substance abuse issues
- Child abuse allegations
- No prior relationship with child
- Reunification process
- Mental health concerns

SCHEDULE:
- 2-4 hours per week typically
- At supervised visitation center
- Professional supervisor present
- No overnights
- No private contact
- Structured environment

PERCENTAGE: ~1-2% to non-custodial parent

LOCATIONS:
- Supervised visitation centers
- Therapist's office
- Neutral public place (with supervisor)
- Family member supervision (sometimes)

PURPOSE:

✓ Protect child's safety
✓ Allow relationship to continue
✓ Professional oversight
✓ Document interactions
✓ Work toward unsupervised (goal)
✓ Therapeutic support

NOT PUNISHMENT:
- Safety measure
- Can be temporary
- Path to expanded time
- Focus on child's wellbeing

PROGRESSION:

TYPICAL PATH:

1. Supervised visitation (months)
2. Therapeutic visitation
3. Supervised but less restrictive
4. Unsupervised short visits (no overnight)
5. Unsupervised overnights
6. Standard visitation schedule

Timeline: 6 months - 2+ years depending on issues
Requires: Compliance, rehabilitation, cooperation

Summer And Holiday

Extended Time Provisions:

SUMMER VACATION:

Option 1: Extended Weeks
- Non-custodial parent gets 2-6 weeks
- Must give 60-90 days notice
- Usually consecutive weeks
- Cannot conflict with custodial parent's plans

Option 2: Split Summer
- Each parent gets half of summer
- June to one, July-August to other
- Alternates yearly

Option 3: Continue Regular Schedule
- Same every-other-weekend continues
- No special summer provisions

WINTER BREAK:
- Split in half (first half/second half)
- Alternate years
- Or entire break alternates yearly

SPRING BREAK:
- Alternates yearly
- Or continues regular schedule
- One week with one parent

THANKSGIVING:
- Alternates yearly
- Usually Wed evening - Sun evening
- May include full school week

CHRISTMAS:
- Split into Christmas Eve/Christmas Day
- Or first half/second half of break
- Alternates yearly

CHILD'S BIRTHDAY:
- Split day, or
- Celebrate during next visit, or
- Alternates yearly

MOTHER'S DAY:
- Always with mother

FATHER'S DAY:
- Always with father

OTHER HOLIDAYS:
- Memorial Day: Alternates
- July 4th: Alternates
- Labor Day: Alternates
- Halloween: May specify

Sole Physical Vs Other Arrangements

How Sole Physical Compares

Quick Comparison

AspectSole PhysicalPrimary PhysicalJoint PhysicalTime split70-100% one / 0-30% other60-75% one / 25-40% other45-55% each (roughly equal)Child's homeOne primary homeOne primary, one secondaryTwo equal homesParenting roleOne primary, one visitingOne primary, one involvedBoth equally activeTransitionsMinimal (weekly or biweekly)ModerateFrequentStabilityHighestHighModerateNon-custodial contactLimitedModerateEqualChild supportFull amountModerate amountReduced/noneGeographic flexibilityMore flexibleModerateMust be closeCommunication neededLow-ModerateModerateHighCourt preferenceCase-dependentCommonIncreasingly preferred

Sole Physical vs Joint Physical

Key Differences:

SOLE PHYSICAL CUSTODY:

Child's Experience:
- One home is "real home"
- Other parent is someone they visit
- Stable routine Monday-Friday
- School week uninterrupted
- Activities centered at primary home
- Clear sense of where they live

Example Week:
Monday-Friday: All at custodial parent's house
Saturday-Sunday: 
  - Weekend 1: Non-custodial parent
  - Weekend 2: Custodial parent

Custodial Parent:
- Handles 70-100% of daily care
- School mornings every day
- Most homework supervision
- Most activities
- Primary responsibility

Non-Custodial Parent:
- Weekend visits
- Quality time focus
- Less daily grind
- Maintains relationship
- Pays child support


JOINT PHYSICAL CUSTODY (50/50):

Child's Experience:
- Two homes equally
- Both parents are "real parents"
- Frequent transitions
- Split time roughly equally
- Activities from both locations
- Less clear sense of primary home

Example Week:
Week 1: Monday-Sunday at Mom's
Week 2: Monday-Sunday at Dad's

Both Parents:
- Handle 50% of daily care equally
- Both do school mornings
- Both supervise homework
- Both manage activities
- Equal responsibility
- Usually no child support


KEY DIFFERENCE:

Sole Physical: One parent is primary caregiver,
other has visitation

Joint Physical: Both parents are equal caregivers,
child lives with both

Example Contrasted

LUCAS (AGE 8) - SOLE PHYSICAL TO MOM:

Monday-Friday (Every Week):
- Wakes up at Mom's house
- Mom makes breakfast
- Mom drives to school
- After school to Mom's
- Mom helps with homework
- Dinner at Mom's
- Mom does bedtime
- Sleeps at Mom's

Weekend Schedule:
Weekend 1 (Dad's):
- Friday: School pickup by Dad
- Friday-Sunday: At Dad's house
- Sunday 6pm: Returns to Mom's

Weekend 2-4 (Mom's):
- Entire weekend at Mom's
- Activities, friends, family time

Lucas's View:
"I live at Mom's house. I visit Dad every other weekend.
Mom's house is my home. Dad's house is where I visit."


LUCAS (AGE 8) - JOINT PHYSICAL (50/50):

Week 1:
- Lives at Mom's house
- Mom does everything
- School from Mom's
- Activities from Mom's
- Sleeps at Mom's every night

Week 2:
- Lives at Dad's house
- Dad does everything
- School from Dad's
- Activities from Dad's
- Sleeps at Dad's every night

Lucas's View:
"I have two homes. I live at Mom's house during her week
and Dad's house during his week. Both are my home."


IMPACT ON LUCAS:

Sole Physical:
- More stability (one primary home)
- Less transitions
- Clear routine
- But limited time with Dad
- Dad feels more like "visitor"

Joint Physical:
- Equal time with both
- Both feel like parents equally
- But more transitions
- Can feel unsettled
- Packing every week

When Courts Award Sole Physical

Judicial Decision-Making

Common Reasons

Courts award sole physical custody when:

1. Geographic Distance

Most Common Reason

DISTANCE CONSIDERATIONS:

DIFFERENT SCHOOL DISTRICTS (20+ miles):
- Joint physical custody not feasible
- Child can't attend same school from both homes
- Transportation burden too high
- Result: Sole physical to parent in child's school district

DIFFERENT CITIES (50+ miles):
- Definitely sole physical custody
- Weekend visitation only
- Non-custodial parent too far for weekday involvement

DIFFERENT STATES:
- Sole physical custody required
- Interstate visitation schedule
- Extended summer/holiday time
- Cannot share daily parenting from different states

EXAMPLE:
Parent A lives in Dallas (child's school)
Parent B lives in Austin (3 hours away)

Result: Sole physical custody to Parent A (Dallas)
Parent B gets alternating weekends + summer time

Even if both parents capable and cooperative, distance makes joint physical impossible.

2. Schedule Incompatibility

WORK SITUATIONS RESULTING IN SOLE PHYSICAL:

FREQUENT TRAVEL:
- Parent travels 50%+ of time
- Cannot provide consistent care
- Child needs stability
- Result: Sole physical to other parent

SHIFT WORK (Irregular):
- Unpredictable schedule
- Cannot commit to parenting time
- Childcare would be constant
- Result: Sole physical to parent with stable schedule

LONG HOURS:
- Works 60-80 hour weeks
- Not available for daily care
- Would miss bedtimes, mornings
- Result: Sole physical to available parent

EXAMPLES:
- Airline pilot: Sole physical to other parent
- Offshore oil worker: Sole physical to other parent
- Traveling salesperson: Sole physical to other parent
- Doctor with unpredictable shifts: May still get joint,
  but often results in primary to other parent

3. Child´s And Needs

AGE-RELATED FACTORS:

INFANTS (0-12 months):
- May award sole physical to primary caregiver
- Especially if breastfeeding
- Attachment considerations
- Frequent short visits for non-custodial parent
- Build up over time

YOUNG CHILDREN (1-3):
- If one parent primary caregiver historically
- Child bonded primarily to one parent
- Stability concerns
- Can result in sole physical to primary caregiver

SPECIAL NEEDS:
- Medical needs requiring specific care
- One parent has experience/training
- Stability critical for child
- Routine important
- Result: Sole physical to parent best equipped

EXAMPLE:
Child with autism requiring strict routine
Parent A: Experience with autism, structured home
Parent B: Less understanding of needs
Result: Sole physical to Parent A

4. Historical Caregiving Pattern

"PRIMARY CAREGIVER" FACTOR:

If one parent has been primary caregiver:
- Made most meals
- Did most school involvement
- Handled most medical appointments
- Provided most daily care
- Other parent less involved

Courts often maintain this pattern:
- Continue stability
- Child attached to primary caregiver
- Proven ability to provide care
- Minimize disruption

EXAMPLE:
During marriage:
- Mom stayed home, did all childcare
- Dad worked long hours, minimal involvement

After divorce:
- Court likely awards sole physical to Mom
- Dad gets visitation schedule
- Maintains child's established pattern

5. Child´s Preference

TEENAGER'S PREFERENCE:

Ages 14-18:
- Courts give significant weight
- Teen may strongly prefer one home
- Activities/friends centered one place
- Social life considerations
- School commitments

Courts often award sole physical based on:
- Teen's clear preference
- Reasonable basis for preference
- Preference consistent over time
- Not result of manipulation

EXAMPLE:
16-year-old daughter:
- Star of high school soccer team
- School in Mom's district
- All friends in Mom's area
- Boyfriend near Mom's
- Wants stability senior year

Expresses preference to live with Mom primarily

Court awards: Sole physical to Mom
Dad gets visitation (which daughter may not fully utilize)

6. One Parent´s Request

PARENTAL AGREEMENT:

If one parent doesn't want equal time:
- Work schedule doesn't allow
- Prefers to be weekend parent
- Recognizes other parent better primary
- Geographic limitations
- Agrees to visitation arrangement

Courts generally approve:
- If both parents agree
- Arrangement reasonable
- Serves child's best interests
- Not result of coercion

REALITY:
Many sole physical custody arrangements result from
mutual agreement rather than contested litigation.

7. High Conflict

WHEN PARENTS CANNOT COOPERATE:

Joint physical requires high communication
If parents cannot communicate:
- Sole physical provides separation
- Minimizes required contact
- Clear boundaries
- Less opportunity for conflict

Result:
- Sole physical to one parent
- Structured visitation
- Minimal communication required
- Parallel parenting possible

Not because one parent "wins" but because
joint physical custody would expose child to constant conflict.

8. Stability Concerns

NEED FOR PRIMARY HOME:

Some children need clear primary home:
- Anxiety or attachment issues
- Special needs
- Young age
- Struggles with transitions
- Need for routine

Courts may order sole physical even if both
parents capable when child's needs favor
one stable primary residence.

Factors That DON’T Automatically Result in Sole Physical

MISCONCEPTIONS:

❌ Mother automatically gets sole physical
   (Gender is not a factor legally)

❌ Higher income parent gets custody
   (Income doesn't determine custody)

❌ Parent who files first gets custody
   (Filing order irrelevant)

❌ New partner means loss of custody
   (Dating/remarriage doesn't affect custody alone)

❌ Work full-time means can't have custody
   (Working parents can have custody with childcare)

Courts focus on child's best interests,
not these factors.

Advantages And Disadvantages

Advantages

For Child:

✓ One stable primary home
✓ Consistent routine Monday-Friday
✓ Minimal transitions/disruption
✓ Same school all week
✓ Established friend groups
✓ Clear sense of "home"
✓ Predictable schedule
✓ One primary set of rules
✓ Less packing/unpacking
✓ Belongings in one place
✓ Easier to focus on school

For Custodial Parent:

✓ Primary parental role
✓ Most time with child
✓ Control over daily routine
✓ Make day-to-day decisions
✓ Establish household rules
✓ Manage activities
✓ Full-time parenting
✓ Strong bond maintained
✓ Receives child support
✓ Geographic flexibility (within limits)

For Non-Custodial Parent:

✓ Quality focused time
✓ Special weekend activities
✓ Less daily stress
✓ Break from daily grind
✓ Can focus on work week
✓ Time for personal life
✓ Relationship maintained
✓ Still involved (especially if joint legal)

Practical:

✓ Simpler logistics than joint
✓ Less communication required
✓ Clear expectations
✓ Easier to plan
✓ Less expensive (one primary household)
✓ Works with geographic distance
✓ Accommodates work schedules

Disadvantages

For Child:

✗ Limited time with one parent
✗ May feel they "lost" a parent
✗ Relationship with non-custodial parent can weaken
✗ Unequal parental relationships
✗ May resent arrangement
✗ Miss out on daily time with both
✗ Non-custodial parent misses important moments

For Custodial Parent:

✗ Full parenting responsibility
✗ No regular breaks
✗ Can't share daily burden
✗ Burnout risk
✗ Limited personal time
✗ All school events, activities
✗ Handles all sick days
✗ Financial burden (though receives support)
✗ May feel isolated

For Non-Custodial Parent:

✗ Very limited time (14-30%)
✗ Miss most of child's life
✗ Weekday routine completely missed
✗ School involvement limited
✗ Feel like "visitor" not parent
✗ Relationship harder to maintain
✗ Miss daily moments
✗ Child may grow distant
✗ Pay child support
✗ Less influence in child's life
✗ Emotional pain of separation

Relationship Impact:

✗ Risk of parent-child bond weakening
✗ "Disneyland parent" dynamic (non-custodial)
✗ Child may prefer custodial parent
✗ Non-custodial parent feels excluded
✗ Guilt for non-custodial parent
✗ Can create resentment

When Sole Physical Is Best

Appropriate situations:

✓ Parents live far apart
✓ One parent’s work schedule incompatible
✓ Child needs stable primary home
✓ High conflict (minimize contact)
✓ One parent historically primary caregiver
✓ Child’s strong preference
✓ Special needs requiring consistency
✓ One parent agrees to visitation arrangement

When Joint Physical Might Be Better

If circumstances allow:

✓ Parents live close (same school district)
✓ Both have compatible work schedules
✓ Can communicate adequately
✓ Child handling transitions well
✓ Both want equal involvement
✓ No safety concerns
✓ Both historically involved

Visitation Rights Explained

What the Non-Custodial Parent Has

Important: Sole physical custody to one parent does NOT eliminate the other parent’s rights and relationship.

Standard Visitation Rights

What Non-Custodial Parent Gets:

PARENTING TIME:
✓ Regular scheduled visitation (court-ordered)
✓ Weekends (every other or specified)
✓ Weeknight visits (sometimes)
✓ Extended summer time
✓ Holiday time (alternating)
✓ Vacation time with child
✓ Makeup time if missed

CANNOT BE DENIED:
Unless court order specifically restricts or
terminates, non-custodial parent has right to
their court-ordered parenting time.

Access to Information

Federal Law Protections:

SCHOOL RECORDS (FERPA):
✓ Report cards
✓ Attendance records
✓ Discipline records
✓ IEP documents
✓ Teacher communications
✓ School event notices
✓ Achievement tests

MEDICAL RECORDS (HIPAA):
✓ Medical history
✓ Treatment records
✓ Prescription information
✓ Doctor visit summaries
✓ Test results
✓ Immunization records

ACCESS RIGHTS:
Both parents have equal access to records
UNLESS court order specifically restricts.

Schools and medical providers must provide
information to both parents separately if requested.

Participation Rights

NON-CUSTODIAL PARENT CAN:

✓ Attend school conferences
✓ Attend school events (plays, games, etc.)
✓ Communicate with teachers
✓ Communicate with doctors
✓ Attend medical appointments
✓ Be emergency contact
✓ Attend extracurricular events
✓ Participate in child's activities
✓ Attend sports games, performances

DURING THEIR PARENTING TIME:

✓ Make day-to-day decisions
✓ Establish house rules
✓ Parent the child
✓ Discipline appropriately
✓ Choose activities
✓ Determine schedule
✓ Provide meals
✓ Manage bedtime

ACTIVE PARENTING, not just visiting

Decision-Making Rights

Depends on Legal Custody:

IF JOINT LEGAL CUSTODY:
(Most common even with sole physical)

✓ Share major decisions equally
✓ Must be consulted on:
  - School choice
  - Medical procedures
  - Religious upbringing
  - Extracurricular activities (major)
  - Relocation

EQUAL say despite less physical time

IF SOLE LEGAL CUSTODY TO CUSTODIAL PARENT:
(Less common)

✗ No decision-making authority
✗ Cannot veto custodial parent's choices
✗ Can express opinions (may be ignored)
✗ Still has parenting time

[Learn About Legal Custody →](/custody-types/legal-custody/)

What Can Be Restricted

Courts can limit:

SUPERVISED VISITATION:
- If safety concerns
- Substance abuse
- Domestic violence
- Child abuse
- Professional supervision required

NO OVERNIGHT VISITS:
- Daytime visits only
- Safety reasons
- Child's age
- Parent's circumstances

NO CONTACT:
- Extreme cases only
- Severe abuse
- Parental rights terminated
- Child's safety paramount

LIMITED CONTACT:
- Reduced time
- Specific conditions
- Therapy required
- Drug testing

But these are exceptions, not the rule.
Most non-custodial parents have standard visitation rights.

Child Support Implications

Financial Aspects

General Rule

SOLE PHYSICAL CUSTODY = CHILD SUPPORT

When one parent has sole physical custody:
- Non-custodial parent typically pays child support
- Amount based on state guidelines
- Considers: income, parenting time %, # of children
- Custodial parent receives payment

PURPOSE:
- Ensure child's needs met
- Share financial responsibility
- Equalize child's living standard at both homes

Calculation Methods

Income Shares Model (Most States):

EXAMPLE CALCULATION:

Parent A (Custodial): $60,000/year
Parent B (Non-Custodial): $80,000/year
Combined Income: $140,000

Basic Child Support Obligation (from state guidelines):
For $140,000 combined income, 2 children = $1,800/month

Each parent's share:
Parent A: 43% ($60k/$140k)
Parent B: 57% ($80k/$140k)

Parent B's Obligation: $1,026/month (57% of $1,800)

BUT Parent A already provides care during her 80% time

NET RESULT:
Parent B pays Parent A: ~$1,000/month in child support

This ensures both contribute financially even though
Parent A provides most physical care.

Percentage of Income Model (Some States):

EXAMPLE (TEXAS):

Parent B (Non-Custodial) earns $6,000/month net

Texas Percentages:
- 20% for 1 child
- 25% for 2 children
- 30% for 3 children

For 2 children:
$6,000 × 25% = $1,500/month child support

Parent B pays $1,500/month to Parent A

Adjustments for Visitation

Some states adjust for parenting time:

STANDARD VISITATION (~14%):
- Full child support amount
- No reduction for limited time

EXTENDED VISITATION (20-30%):
- Some states reduce slightly
- Others no adjustment until 40%+

NOT JOINT PHYSICAL (<35-40%):
- Still considered sole physical custody
- Child support calculated accordingly
- May be moderate reduction from full amount

SIGNIFICANT TIME (30-40%):
- May receive credit for additional time
- Reduction in support amount
- Varies by state

Additional Expenses

Beyond Basic Support:

TYPICALLY SHARED SEPARATELY:

MEDICAL:
- Health insurance premiums
- Uninsured medical costs
- Copays and deductibles
- Prescription costs
- Usually split proportionally to income

EDUCATION:
- Private school tuition (if agreed)
- School supplies
- Activity fees
- College (sometimes)

EXTRACURRICULAR:
- Sports fees
- Music lessons
- Camps
- Equipment

CHILDCARE:
- Daycare costs
- After-school care
- Summer camp
- Usually split proportionally

SPLIT METHOD:
Often 60/40 or based on income ratio
Custodial parent fronts, non-custodial reimburses

Who Pays What

CUSTODIAL PARENT:

Pays for during their time:
✓ Daily food and meals
✓ Daily activities
✓ Clothing (usually)
✓ Housing costs
✓ Utilities
✓ Day-to-day expenses

Receives:
✓ Child support payment
✓ May claim child on taxes

NON-CUSTODIAL PARENT:

Pays for during their time:
✓ Food during visits
✓ Activities during visits
✓ Entertainment
✓ Partial clothing

Pays regularly:
✓ Child support payment
✓ Share of extras (medical, school, etc.)

Making Sole Physical Work

Success Strategies

For Custodial Parents

BEST PRACTICES:

✓ Facilitate relationship with other parent:
  - Don't badmouth
  - Prepare child for visits positively
  - Support other parent's time
  - Share information about child
  - Include in important events

✓ Maintain routine:
  - Consistent bedtimes
  - Regular homework time
  - Established activities
  - Predictable schedule
  - Stability for child

✓ Communicate appropriately:
  - Share school information
  - Update on child's health
  - Coordinate schedule changes
  - Discuss major decisions (if joint legal)
  - Keep it child-focused

✓ Allow makeup time:
  - Be flexible when possible
  - Don't withhold visits punitively
  - Accommodate reasonable requests
  - Remember child's need for both parents

AVOID:
✗ Using child support as weapon
✗ Denying visitation (illegal)
✗ Interrogating child after visits
✗ Competing for child's affection
✗ Making child choose sides

For Non-Custodial Parents

MAXIMIZE YOUR TIME:

✓ Exercise ALL visitation:
  - Don't cancel unless emergency
  - Be reliable and consistent
  - Pick up/drop off on time
  - Children count on you

✓ Be present during visits:
  - Put phone away
  - Engage actively
  - Ask about their week
  - Real parenting, not entertainment

✓ Maintain involvement:
  - Attend school events (even on custodial parent's time)
  - Go to sports games
  - Participate in activities
  - Communicate with teachers/coaches
  - Stay informed

✓ Do real parenting:
  - Homework during your time
  - Bedtime routines
  - Chores and responsibilities
  - Discipline when needed
  - Not just "Disneyland parent"

✓ Stay connected between visits:
  - Phone calls (if age-appropriate)
  - Video chats
  - Texts/emails
  - Letters or cards
  - Let them know you're thinking of them

✓ Respect boundaries:
  - Don't pump child for information
  - Don't badmouth custodial parent
  - Support their primary home
  - Don't create loyalty conflicts

Smooth Transitions

EXCHANGE BEST PRACTICES:

✓ Be on time
✓ Have child ready to go
✓ Pack overnight bag
✓ Brief, polite exchange
✓ Don't argue in front of child
✓ Positive send-off
✓ Don't interrogate after

WHAT CHILD SHOULD BRING:
- Overnight bag with clothes
- Homework and school materials
- Medications
- Special comfort items
- Sports equipment (if needed)

COMMUNICATION AT EXCHANGE:
Keep it brief and child-focused:
"Emma has homework in her backpack"
"Lucas has soccer practice tomorrow at 9am"
"Here's her medication, give at bedtime"

NOT:
"Why didn't you pay child support?"
"You're late again!"
"Did you talk to that lawyer yet?"

Save adult conversations for separate communication

Co-Parenting with Sole Physical

PARALLEL PARENTING APPROACH:

If high conflict:
✓ Minimal direct contact
✓ Email communication only
✓ Structured exchanges (neutral location)
✓ Each parent does their own thing
✓ No attending events together
✓ Separate parent-teacher conferences
✓ Independent parenting during own time

COOPERATIVE CO-PARENTING:

If low conflict:
✓ Consistent rules between homes
✓ Share information freely
✓ Attend events together
✓ Coordinate on discipline
✓ Support each other's parenting
✓ Flexible with schedule swaps

LEVEL OF COOPERATION DEPENDS ON:
- Your relationship
- Conflict level
- What works for child
- Both parents' preferences

Modifyng Sole Physical Custody

Changing the Arrangement

When Modification Possible

REQUIREMENTS:

1. Material Change in Circumstances
   - Significant change since last order
   - Something substantial happened
   - Wasn't contemplated originally

2. Change in Child's Best Interests
   - Modification would benefit child
   - Better arrangement now exists
   - Child's needs have changed

3. Sufficient Time Passed
   - Many states require 1-2 year waiting period
   - Prevents constant relitigation
   - Exceptions for emergencies

4. Evidence Supporting Change
   - Documentation
   - Proof of changed circumstances
   - Show benefit to child

Common Modification Scenarios

From Sole Physical to Joint Physical:

GROUNDS:

✓ Parents now live closer (moved to same district)
✓ Non-custodial parent's work schedule changed
✓ Child is older (can handle transitions better)
✓ Non-custodial parent more stable now
✓ Child requesting more time
✓ Relationship between parents improved
✓ Non-custodial parent rehabilitated (substance abuse)

MUST PROVE:
- Joint physical now feasible
- Meets requirements (proximity, etc.)
- Child would benefit
- Not just parent's preference

BURDEN:
Parent seeking joint physical must prove
it's in child's best interests

Increasing Non-Custodial Time:

GROUNDS:

✓ Child wants more time
✓ Non-custodial parent more available
✓ Child struggling with limited contact
✓ Improved relationship
✓ Parent's circumstances improved

RESULT:
May get:
- Additional weeknight overnight
- Extended weekends (Thu-Mon)
- More summer time
- Additional holidays

Short of full joint physical but more than standard

From Sole Physical to Different Parent:

GROUNDS:

✓ Custodial parent relocating far away
✓ Custodial parent's circumstances deteriorated
✓ Child's needs changed
✓ Teen's strong preference
✓ Custodial parent agrees to switch
✓ Custodial parent unable to care for child

VERY HIGH BURDEN:
- Must prove material change
- Must show switch serves child's best interests
- Courts favor stability
- Difficult to accomplish

EXAMPLE:
Custodial parent develops substance abuse
Non-custodial parent seeks sole physical custody
Must prove: Current arrangement harmful to child
Result: May switch custody if proven

Decreasing Time:

GROUNDS (Custodial Parent Seeking):

✓ Non-custodial parent developed issues
✓ Safety concerns emerged
✓ Child struggling with transitions
✓ Non-custodial parent unreliable
✓ Abuse or neglect during visits

RESULT:
- Supervised visitation
- Reduced time
- Therapeutic visitation
- Conditions on visits (drug testing, etc.)

Relocation Cases

Special Category:

IF CUSTODIAL PARENT WANTS TO MOVE:

NOTIFICATION REQUIRED:
- Must notify non-custodial parent (60-90 days)
- State proposed new visitation schedule
- Explain reason for move

NON-CUSTODIAL PARENT CAN OBJECT:

Court considers:
- Reason for move (job, family, education)
- Impact on child
- Impact on other parent's relationship
- Quality of life improvement
- Feasibility of modified visitation
- Child's preference (if age-appropriate)

POSSIBLE OUTCOMES:
1. Allow move, modify visitation (extended summer)
2. Allow move, but switch custody to non-custodial parent
3. Deny move
4. Conditional approval

HIGH-STAKES:
Relocation often results in custody battle
Many states favor custodial parent's right to move
Others prioritize child's relationship with both parents

[Complete Relocation Guide →](/court-process/relocation/)

Process and Costs

MODIFICATION PROCESS:

1. File motion with court
2. Serve other parent
3. Other parent responds
4. Mediation (usually required)
5. Hearing/trial if no settlement
6. Judge decides

TIMELINE:
- 6-12 months typical
- Longer if contested trial

COSTS:
- Attorney fees: $5,000-$20,000+
- Court costs: $500-$1,000
- Custody evaluation (if ordered): $3,000-$10,000
- Total: $10,000-$30,000+ if contested

WORTH IT IF:
- Significant change justifies it
- Child would truly benefit
- Current arrangement not working
- Material circumstances changed

State Law And Terminology

State Variations

Terminology Differences

SOLE PHYSICAL CUSTODY:
- Most states
- Clear one parent primary

PRIMARY PHYSICAL CUSTODY:
- California, some others
- One parent has majority
- Acknowledges other parent's time

PRIMARY RESIDENTIAL CUSTODY:
- Washington, others
- Focus on residence

RESIDENTIAL PARENT:
- Some states
- Parent where child lives

POSSESSORY CONSERVATOR (Texas):
- Parent with visitation rights
- Other parent is "managing conservator"

TIME-SHARING (Florida):
- Doesn't use "custody" term
- Majority time-sharing = primary

All mean same basic concept: child lives primarily
with one parent, other has visitation

Standard Visitation by State

Common Patterns:

TEXAS:
Standard Possession Order (statutory)
- 1st, 3rd, 5th weekends
- Thursday evening
- 30 days summer
- Specific holiday schedule

CALIFORNIA:
No statutory standard
Courts use "reasonable visitation" or specify
Common: Every other weekend + midweek

FLORIDA:
No presumption for equal time-sharing
Courts determine based on best interests
Often results in majority to one parent

NEW YORK:
No statutory schedule
Court determines case-by-case
Common: Every other weekend + some weeknights

Most states: Similar patterns
Every other weekend is most common baseline

❓ FREQUENTLY ASKED QUESTIONS {#faq}

Frequently Asked Questions

CUSTODY AND SUPPORT ARE SEPARATE:

✓ Must allow visitation even if support unpaid
✓ Denying visitation is contempt of court
✓ You can be punished (lose custody, jail)
✓ Instead: File child support enforcement action

NEVER use child as leverage for money.