Partial custody is a child custody arrangement in which one parent has limited physical custody time with the child compared to the other parent.
Partial custody differs from sole custody and shared custody arrangements, as one parent is designated the custodial parent (the one who spends the majority of the time with the child), while the non-custodial parent has limited custody or visitation rights.
Partial custody is typically ordered when one parent cannot assume significant responsibility for their child.
How Is Partial Custody of a Child Obtained?
If a parent wishes to obtain partial custody, several steps are generally necessary:
- File a Petition With the Court: The family law court that initially handled your child custody case must receive a petition requesting partial custody. Such rights are not automatically granted and must be approved by the court.
- Provide Evidence to the Court: To make a case for partial custody, you must demonstrate your mental and financial capacity to care for your child. Demonstrating your mental and financial capacity could involve presenting financial statements, proof of employment, witness statements, or records of good behavior.
- Speak With an Attorney: Since custody laws vary by state, and the process for petitioning for custody is complicated, it is advisable to consult with a knowledgeable attorney in your area. They can provide guidance on achieving your child custody objectives.
If an existing child custody order is in place, a modification will need to be filed to seek a partial child custody arrangement. This modification could also affect other aspects of the current arrangement, such as child or spousal support.
How Does a Court Decide Child Custody Awards?
When determining child custody awards, courts aim to make decisions that are in the best interests of the child. To initiate a child custody proceeding, a parent must file a petition for child custody, although the process may vary from state to state.
If the case is contested, meaning one parent challenges the other’s right to partial custody, the court holds a hearing to gather evidence and hear arguments from both sides.
The Mental Well-Being and Physical Fitness of Each Parent
The court evaluates the mental and physical health of each parent to determine their ability to care for the child. For instance, if one parent has a history of mental illness or substance abuse, the court may consider whether this could negatively impact the child’s well-being. Additionally, a parent with severe physical limitations may face challenges in providing appropriate care for the child.
A parent with a history of alcoholism may be required to attend rehabilitation and demonstrate sobriety before being granted partial custody.
Recommendations or Observations From State Agencies, Like Child Welfare Departments
The court may consider reports and recommendations from child welfare agencies or social workers who have assessed the family’s situation. These professionals may provide insights into the child’s needs and the parent’s ability to meet those needs.
A child welfare agency might recommend that a parent attend parenting classes to address specific concerns before being granted partial custody.
The Child’s Special Needs That Require Additional Attention (e.g., Medical Issues)
If a child has special needs, such as a chronic medical condition or a learning disability, the court will consider each parent’s ability to address those needs and provide appropriate care.
A parent with medical expertise or experience in caring for a child with a specific disability may be favored in a custody decision.
The Child’s Adjustment to their Current Living Situation
The court evaluates how well the child is adjusting to their current circumstances, including their school performance, social connections, and overall happiness. Disrupting a stable environment may not be in the child’s best interest.
If a child is thriving in their current school and has strong friendships in their neighborhood, the court may be hesitant to change the child’s primary residence.
The Financial Background of Each Parent
The court considers each parent’s financial stability when determining custody arrangements. A parent’s ability to provide a stable and secure home environment, as well as support the child’s basic needs, is essential.
A parent with a steady job and stable housing may be more likely to be granted partial custody than a parent with a history of unemployment and unstable living situations.
The Child’s Preference and Whether It Is in Their Best Interest to Remain With That Parent
Depending on the child’s age and maturity, the court may take their preference into account. The child’s preference will be considered alongside other factors to ensure that the child’s best interests are prioritized.
Suppose a teenager expresses a strong preference to live with one parent because of their closer relationship and the proximity to their school and friends. In that case, the court may weigh this preference in their decision. However, the court will also consider other factors to ensure the arrangement is in the child’s best interest.
The judge may also consider any previous custody agreements or statements made by the parties outside of court, such as during family mediation meetings.
The court’s decision is formalized in an order, making the custody arrangement legally enforceable. If a party violates the order, they could face significant legal consequences, including losing their custodial, visitation, and other parental rights. In some instances, a violation could result in criminal penalties, such as fines or jail time.
Can a Child Decide on Partial Custody?
While a child’s preference may be considered in some cases, the child does not have the authority to decide on partial custody. The court ultimately determines custody arrangements based on the child’s best interests. However, depending on the child’s age and maturity level, their preference may be taken into account as one of the factors during the decision-making process.
The weight given to the child’s preference may vary depending on the jurisdiction, the specific circumstances of the case, and the child’s age and maturity. The court will consider the child’s preference along with other factors to make a well-rounded decision prioritizing the child’s well-being and best interests.
How Can I Modify an Existing Child Custody Order?
Modifying a child custody order to obtain partial custody requires demonstrating that the change is in the child’s best interest. The court may decide to modify the order if there has been a significant change in circumstances since the order was initially issued, such as the following:
- One parent wishes to move a long distance, rendering the current visitation schedule impractical;
- The non-requesting parent has created an unsafe home environment for the child;
- The child’s emotional or developmental needs have changed;
- The non-requesting parent has consistently disregarded the visitation schedule.
Before granting a modification, the court may order an evaluation by a social worker or mandate mediation sessions between the two parties.
Do I Need an Attorney to Obtain Custody?
To obtain partial child custody, either by requesting custody or by requesting a modification of a previous court order, consult with an experienced child custody lawyer.
They can help you navigate your state’s specific child custody laws, determine your legal options, and identify the best course of action. An attorney can also file any required legal documents and represent you in court as needed. Use LegalMatch to find your lawyer today.
