Sole Custody - Sole custody is when one parent has complete legal and physical custody of the child, and the other parent has only visitation rights. Most custody situations can be decided by parents and then confirmed by a court order. This way parents can decide what works best for their own particular schedules in order benefit the child. However, if a peaceable agreement can not be achieved, the court will determine the arrangement. Before courts impose custody arrangements, it is suggested that both parents enter into mediation.
Mediation is when a neutral party attempts to assist the parties in coming to an agreement.
The mediator can not issue any legally binding agreement, but rather guides the parents and offers suggestions. If an agreement can not be reached during mediation, the process is then moved to litigation within the court system. Courts take child custody issues very seriously, as they will very heavily impact the rest of the child's life. Many, many factors are considered when determining the best arrangement, including the age of the child, which parent is best able to provide adequate shelter, food, and basic necessities, the stability of each parent, and it the child is older than age 12, the wishes of the child. Parents can modify the arrangement if both are in agreement as to the change.