What is sole custody?
Sole custody, also known as exclusive or unilateral custody, is the custody arrangement in which one parent is granted the children’s habitual residence and day-to-day care. The other parent retains parental responsibility —unless it has been removed by a court— and is entitled to a schedule of visits, stays and communication.
It is the opposite of shared custody, where both parents alternate, in a balanced way, the time they live with the children.
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When is sole custody granted?
The courts may grant sole custody in different situations:
- By agreement between the parents: if both parents agree in the parenting agreement that custody should be granted to one of them, the judge will approve it unless it is contrary to the child’s best interests.
- At the request of one party in contested proceedings: when one of the parents requests it and the judge, after assessing all the circumstances, considers it to be the most appropriate arrangement.
- On the court’s own initiative or at the request of the Public Prosecutor: when the circumstances of the case make it advisable for the child to live mainly with only one parent in order to protect them.
Among the circumstances that judges usually consider when granting sole custody are:
- The existence of situations involving gender-based or domestic violence.
- Incapacity or lack of availability of one parent to care for the child.
- A significant geographical distance between the parents’ homes that makes shared custody difficult.
- The child’s express and reasoned opposition, depending on their age and maturity.
- Extreme conflict between the parents that prevents the coordination required for shared custody.
What does it mean for the non-custodial parent?
The fact that custody is granted to one parent does not mean that the other parent loses their rights. Unless parental responsibility has been expressly removed by a court:
- They retain shared parental responsibility and participate in important decisions concerning the child’s education, health and welfare.
- They are entitled to a contact and visitation schedule that ensures regular contact with the child.
- They are required to pay child support for the benefit of the child.
Can it be modified?
Yes. If circumstances change —for example, if the custodial parent does not properly fulfil their responsibilities or if the child reaches sufficient maturity to express a different preference— a modification of court-ordered measures may be requested in order to change the custody arrangement.