What does primary custody mean

How do I modify child custody? Brittney Salvatore Perkins, Esq. Meredith Weiner Esq. What is Primary Custody? Stacy Rocheleau, Esq. Can we file paperwork ourselves? What is an uncontested divorce? Difference between a divorce and legal separation? Should I file divorce papers first? What is the process for filing a divorce? What State can I file in? What is community property? How do you divide a K or pension?

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How do you modify child custody? Patrick Kearney. Jaycee Smith. Lisa Vaughan. Craig Hamlet. Debbie Larson. Jessica Waites. This assumption is largely based on their proximity to the child. Previously, custody was determined on the basis of stereotypical presumptions about cisgender men and women.

The following factors some of the most common examples of factors that are evaluated to in order determine what sort of custodial arrangement is in the best interests of the child:. In some cases, these circumstances entirely can eliminate the possibility of being awarded custody. These circumstances most commonly include:. For the primary custodial rights to be granted to another person, such as the other parent, there would need to be a modification of child custody orders.

In order to modify a child custody order, you will need to file a petition sometimes referred to as a motion with the appropriate court. Generally speaking, the petition must contain the following information:. The petition must be signed by you, and filed with the clerk of the court where your case is pending. There may be a fee associated with the filing, and some courts require certain forms to be attached to the petition. A copy of the petition must be served to the other parent or sent to their lawyer.

The court issues a hearing date on the petition, usually prior to reaching their decision. If an allegation of child abuse is the stated cause for modification, temporary orders which remove the child from the household may be put in place. This is intended to protect the child until the petition for modification is heard and resolved. If you are involved in any sort of child custody arrangement or dispute, you should consult with an experienced and local child custody lawyer.

State laws vary in terms of how the primary custodial parent is defined, as well as how to modify an existing child custody order. The custodial parent will have the right and the sole responsibility to make all the decisions for the children. Again this includes decisions such as religion, medical care, and education. Sole custody is rarely awarded because judges believe that it is in the best interest of the children to have both parents involved in their lives.

Therefore, the judges do whatever is necessary to make sure that both parents have equal time with their children. This could be due to substance abuse, child abuse, possibly the mental disposition of one of the parents, or other concerns. In states where it is a legal term, one parent-the custodial parent - is granted primary physical custody.

The other parent may have either some custodial rights or visitation rights. The state of Alaska uses the following definition for primary physical custody:. If both parents have the children for more than nights per year, they have shared physical custody.

In any divorce, the courts try to rule in a way that is best for the child or children. An arrangement focused on primary physical custody may be in the best interests of the children because they will go back and forth less between two homes. To determine if primary physical custody is best for a child, a court will look at how parenting occurred during the marriage.

For instance, which parent generally took care of the children? The court also will explore the current and future parenting situation.