What happens when a mother and father divorce and both gain physical custody of their child? In some cases, the mother and father can come to an agreement together concerning what works best for their schedules. However, in many cases, these situations end up in front of a judge in family court. The courts will give physical custody preference to whoever is the “primary caretaker.” But what is the primary caretaker standard and how does it apply to your case?
The Primary Caretaker
If you as a parent can demonstrate that you were the primary caretaker during the course of the marriage, then you will be given preference by the court. This factor only became important years ago when psychologists came to the conclusion that a child and their primary caretaker have such a special bond that must not be compromised. Family courts will take many factors into consideration when determining the primary caretaker. For example, they will look at the key responsibilities of both parents, such as grooming habits, meal planning, purchasing clothes, health care arrangements, extracurricular activities, teaching in reading and writing, teacher conferences, and so much more.
Best Interest of the Child
In some family court situations, making this determination can become complicated because there are many factors that apply. This is why the courts will look at the “child’s best interest” when making a decision. Some of the factors involved in this include the child’s wishes, the parent’s physical and mental health, need for a stable home environment, and the child’s adjustment to their school and community. However, there are many other factors that will come into play.
Physical custody disputes can be extremely complicated, which is why you should have the help of an experienced attorney to aid you in your case. Call The Law Offices of Amy M. Montes for more information. Determining the primary caretaker may be complex in your situation and we are here to help. Call today.
