Law and Ethics Practice Exam

What is true regarding consent from a divorced parent who has sole custody?

1. Both parents must agree

2. Only the sole parent can consent

3. Consent is not required

4. Only the non-custodial parent can give consent

The correct answer is: Only the sole parent can consent

In situations where a parent has sole custody, that parent possesses full legal authority to make decisions on behalf of the child. This includes the ability to grant consent for various matters such as healthcare, education, and participation in activities. Sole custody signifies that the custodial parent does not need the approval or agreement of the non-custodial parent when making decisions pertaining to the child’s welfare and upbringing. While it’s important for both parents to communicate and ideally cooperate regarding the child's best interests, legally, the custodial parent has the right to act independently in this regard. This distinction emphasizes the legal rights afforded to a sole custodial parent, enabling them to make necessary decisions without needing consent or input from the other parent. Other choices do not accurately reflect the legal standing of a sole custodial parent. In cases where both parents must agree, that pertains to joint custody arrangements, not sole custody. Consent not being required could misrepresent situations where parental consent is indeed necessary for certain decisions, and stating that only the non-custodial parent can give consent contradicts the legal authority of the custodial parent who has the primary responsibility for the child.