For divorced parents, determining primary physical custody can be difficult and overwhelming. Frequently, the court must make parenting plan decisions quickly, with little prior discussion between the parents. Therefore, before proceeding with legal actions, separated or divorcing parents must understand the ins and outs of obtaining the custody of primary physical.
In this article, we will discuss the steps individuals should take when seeking primary physical custody, as well as the potential complications that may arise. We will also provide you with the contact information of attorneys with experience in these matters so that you can obtain legal counsel when necessary.
What is Primary Physical Custody and How Does It Work?
Primary physical custody is a custody arrangement in which one parent spends the majority of time with the child and the other parent has visitation rights. It is granted according to the child’s best interests and the parent’s ability to provide a stable environment.
Typically, the custodial parent is responsible for making day-to-day decisions regarding the child’s welfare, including decisions regarding the child’s education, healthcare, and extracurricular activities. The non-custodial parent may provide input, but the custodial parent has the final say.
Types of Primary Physical Custody
Primary physical custody is typically awarded to the parent who has the child the majority of the time. However, the specifics of the custody arrangement can vary depending on the circumstances, and various visitation or parenting time arrangements can be made for the non-custodial parent.
- Supervised visitation: This type of visitation is ordered by the court when there are concerns about the safety or well-being of the child. The visits take place in the presence of a neutral third party, such as a social worker or family member, who ensures that the child is safe and that the visit goes smoothly.
- Unsupervised visitation: This is the most common type of visitation, where the non-custodial parent is allowed to spend time with the child without supervision. The specific schedule and details of the visitation may be determined by the court or agreed upon by the parents.
- Virtual visitation: This is a newer type of visitation that allows the non-custodial parent to have contact with the child via technology, such as video chat or instant messaging. This can be a useful way for parents to stay connected with their children when they are unable to see them in person.
- Alternating weekends: This is a common visitation schedule where the non-custodial parent has the child every other weekend, from Friday evening to Sunday evening.
- Midweek visitation: This type of visitation allows the non-custodial parent to spend time with the child during the week, typically for a few hours after school or in the evening.
Understanding the Implications of the Custody of Primary Physical
Both parents and the child will be affected greatly by the decision regarding primary physical custody. The custodial parent will have the custody primary physical of the child and will be responsible for making most routine decisions affecting the child’s well-being.
Scheduled visitation with the child and possible child support payments to the non-custodial parent is the norm. The child’s relationship with both parents should be prioritized. Parents should collaborate for the sake of their child’s best interests to develop a plan.
Benefits of Primary Physical Custody for Parents and Children
Depending on the circumstances, the advantages of the custody of primary physical can vary, but here are some potential advantages for both parents and children:
Benefits for parents:
- The primary physical custody of a child can provide both parents and the child with a sense of stability and routine.
- Typically, the custodial parent is responsible for making day-to-day decisions regarding the child’s welfare, which can foster a sense of responsibility and accountability.
- The custodial parent has more opportunities to spend time with the child, which can promote a positive relationship and strengthen the parent-child bond.
For children:
- Primary physical custody can provide a consistent and stable home environment, which is essential for the emotional and psychological health of a child.
- Having a single primary residence can reduce the stress and confusion that can result from frequently moving between homes.
- According to some research, children with the custody of primary physical may have higher academic achievement and fewer behavioral issues.
- Children who live primarily with one parent may develop a stronger, more nurturing relationship with the parent who has primary custody.
Tips for Sharing the Custody of Primary Physical
Sharing the custody of primary physical can be challenging, but there are steps that parents can take to make the process smoother and more effective. Here are some tips that are presented in this blog post:
- A well-detailed parenting plan can facilitate communication between parents and clarify the roles and responsibilities of all parties involved in the custody arrangement.
- Each parent needs to make an effort to talk to the other on a regular basis and share information about any changes or developments in the family.
- Both parents need to be flexible in order to deal with the inevitable bumps in the road.
- Each parent should do what they can to keep the child in a safe and loving home.
- It’s important for parents to work together to minimize arguments and resolve issues in a healthy way.
- Each parent should treat the other’s approach to parenting with dignity and never criticize or undermine the other in front of their child.
Conclusion
In conclusion, primary physical custody is a custody arrangement where one parent has the majority of the custodial time with the child. With this knowledge from Janet McCullar, you can comprehend the repercussions and potential advantages of the custody of primary physical for parents and children.
FAQs about Primary Physical Custody
In what ways is the custody of primary physical decided?
The court will decide who will have the custody of primary physical of a child based on what is in the child’s best interests. The court may look at the age, needs, and relationship of the child with each parent, as well as the ability of each parent to provide a safe and nurturing home.
Why should kids have primary physical custody?
Children often fare better emotionally and academically, experience less stress, and develop a closer bond with the custodial parent when they have the custody of primary physical.
For parents, what are the upsides to having the custody of primary physical?
The custody of primary physical can give parents peace of mind, a stronger sense of parental responsibility, and more time to bond with their children.
The custody of primary physical—can it be split up?
Even if both parents have the custody of primary physical, one will usually spend more time with the child than the other.
How is visitation usually arranged in primary physical custody cases?
Scheduled parenting time for the non-custodial parent may be part of a visitation arrangement made by the court or mutually agreed upon by the parents.
In the custody of primary physical cases, is child support usually ordered?
In cases involving the custody of primary physical, the court may decide to order one parent to pay child support to the other.
Can the parent who has custody uproot and take the kid with them?
It’s possible for the custodial parent to relocate with the child, but they’ll need to petition the court for permission and present a compelling argument.
Is the non-custodial parent allowed to raise the child?
It’s common for the custodial parent to have the final say when it comes to raising a child, though the non-custodial parent may have some say.
If one parent breaks the custody agreement, what happens?
It may be possible for one parent to seek court intervention if the other parent violates the custody agreement.
What about changing primary physical custody?
Changes in the child’s needs or in one parent’s ability to provide a stable home environment may warrant a reevaluation of who has the custody of primary physical.
