In the world of family law, child custody is probably the most emotionally charged issue. For parents who are in the middle of a divorce, who gets custody of the children can be a source of disagreement and uncertainty. This makes it important for parents to work with a family law attorney Huntsville who has the knowledge and resources they need to navigate such a challenging process. This can help set up parents to avoid a custody battle in court. As a divorcing parent, the following are what you should know about primary custody:
Primary custody is granted to one parent in a divorce who makes major decisions for the child. It can be legal or physical custody. A parent granted legal custody can make significant decisions regarding the upbringing of the child. For instance, these decisions include the child’s education, religion, and healthcare. Thus, a parent with primary legal custody can make most decisions for the child. Meanwhile, physical custody concentrates on physical care. The child will live with the parent who has primary physical custody.
Sometimes, a parent may have both types of primary custody. In other cases, joint legal custody can be granted to one parent while the home of one parent is the primary residence of the child. As a parent in this situation, you must consult with a skilled lawyer to understand the implications of every kind of custody arrangement. The most suitable kind of custody arrangement for your family depends on different factors like the best interests of the child, the ability of the parent to cooperate and communicate, as well as the child’s relationship with every parent.
Kinds of Custody Arrangements
Below are the various kinds of custody arrangements you can choose from:
- Sole physical custody. In this custody arrangement, a parent has the primary physical custody of the child. Thus, this parent gets to live with the child. Typically, the non-custodial parent is granted parenting time or visitation rights. The parent spends time with the child based on a predetermined schedule. Often, sole custody is granted if the court determines that having a stable living in the environment is in the best interest of the child.
- Joint physical custody. This involves the two parents sharing responsibility and physical custody for their child. With this arrangement, the child spends time with each parent. This fosters a sense of involvement and stability from both sides. This type of arrangement can be a great solution if parents can communicate and cooperate effectively in making important decisions about the upbringing of their child.
- Split custody. This arrangement involves splitting custody of several children between the parents. The court may allow this arrangement if they think it is in the best interest of the child, considering factors like the child’s relationship with every parent, their individual need, and their ages. But the award of this arrangement is quite rare.
Primary Custody Determination
When determining primary child custody, courts take into account different factors to make sure the best interests of the child are met. Although the criteria vary according to the circumstances of the family, below are some factors they consider:
- The best interests of the child. Courts make custody decisions based on what’s in the best interest of the child. They determine the custodial arrangement that offers the child a stable, supporting, and nurturing environment.
- Parent-child relationship. Courts may evaluate the bond the child has with every parent. This includes factors like the involvement level, historical caregiving responsibilities, and emotional connection.
- Parental fitness. The court will assess the physical and mental health of every parent, their ability to offer their child a safe and stable living environment, as well as their willingness to support the emotional and developmental needs of the child.
