When two spouses terminate a marriage, a court will decide how custody of the couple’s minor children is divided between the parents. Custody involves physical and legal components, two different issues for the court to resolve. Additionally, the court will determine whether one parent should have sole custody of the children or whether the parents should share joint custody of the children.
Since sole custody has become less frequent, it is worth exploring what you can expect from a joint custody arrangement. Once the court decides to split custody between the parents, they can work out a schedule that divides the child’s time between them. If they cannot agree, the court will intervene to impose a schedule. Most schedules are alternating weeks or months or spending weekdays with one parent and weekends with the other.
There are several advantages to joint custody. Most children grow up better adjusted if each parent plays a positive role. Each parent also has the chance to watch the children grow up and experience the key moments in their early lives.
However, joint custody can place additional stress on parents. It may be expensive and logistically difficult for children to regularly travel between two homes, each equipped for them to live. But many parents prioritize staying active in their children’s lives and brace themselves for occasional headaches, extra expenses, and continued contact with their former spouses.
Sometimes one parent may argue that the other parent has not met all the terms of the custody agreement and contributed a fair share to the cost of raising the children. It is recommended that parents in a joint custody arrangement keep records of financial expenses involving the children, whether for basic needs such as food, clothing, and medical care or school and leisure activities, to deter this type of issue. As in most areas of family law, the saying is “an ounce of prevention is worth a pound of cure.”
Who Determines The “Primary Caregiver” Standard for a Custodial Parent?
In custody cases, most states’ family courts allow a preference for the parent who can demonstrate that they were a child’s primary caregiver during the marriage or assumed that role if the parents are unmarried. This factor became crucial as psychologists emphasized the importance of the bond between a child and the parent or guardian most responsible for their day-to-day care.
This emotional bond is vital to the child’s successful passage through their developmental stages, and psychologists greatly encourage the continuation of this relationship as critical to the child’s psychological stability.
How the “Primary Caregiver” Decision is Made?
When determining which parent has taken care of a child the most for a custody decision, family courts rely on how parents have divided the key responsibilities for caring for their child.
These include such tasks as:
- Bathing, grooming, and dressing;
- Meal planning and preparation;
- Purchasing clothes and laundry responsibilities;
- Health care arrangements;
- Fostering participation in extracurricular activities;
- Teaching, reading, writing, and math skills; helping with homework;
- Conferencing with teachers, attending open houses; and
- Planning and participating in leisure activities with the child.
Depending on which state you reside in, other factors may be considered just as critical when determining primary caregiver status. For example, even such things as exposure to second-hand smoke and volunteerism in the child’s school have been considered.
How to Make a Decision in the Best Interests of the Child?
If the question “who is the primary caregiver” is not obvious, as when both parents have equally shared parenting responsibilities, courts will usually examine the “child’s best interest” standard used for determining custody.
Some of the factors a court will further inspect when deciding the child’s best interest include the following:
- The child’s wishes (if they are old enough);
- The parents’ physical and mental health;
- The parents’ and child’s religious preferences;
- Need for the continuation of a stable home environment;
- Support and opportunity for interaction with members of an extended family of either parent;
- Interaction and interrelationship with other members of the household;
- Adjustment to school and community;
- Age and sex of the child;
- Parental use of excessive discipline or emotional abuse; and
- Evidence of parental drug, alcohol, or sexual abuse.
Who Is Considered a Custodial Parent?
If your kids reside with you most of the time, you can be considered the custodial parent. However, not all parents who have sole physical custody of their children are legally considered custodial parents in the eye of the court. For instance, in cases where a single mom is raising a child on her own, and the father is voluntarily uninvolved, the courts may expect her to file for child custody to be legally considered the custodial parent.
One of the biggest advantages of being a custodial parent is having more one-on-one time with your children. Even if you share a generous visitation schedule with your former spouse, you likely spend more time with your kids than your former spouse simply by being the custodial parent.
This implies that you will be able to see your kids regularly, be deeply involved in their day-to-day activities, assist with homework, nurture their interests, and provide guidance as they face their biggest hurdles.
Who Is a Custodial Parent?
In cases involving child custody, custodial parents are the ones who are given sole custody of the children. In these circumstances, you have sole physical and legal custody of the children. This means your child will reside only with you in your existing or new home. Moreover, you can make impactful decisions concerning your child without having to consult the other parent on those decisions.
But, in cases where judges award joint custody, the parents who spend most of their time with the children are considered custodial parents. However, remember that even in this situation, the other parent may still share legal custody of the children with you. This implies that you and the other party must cooperate for major decisions. You will be able to make essential decisions on your children’s behalf.
In cases where you and the other party have a joint custody arrangement but spend equal amounts of time with your children, neither of you will be known as a primary custodial parent because you both have equal authority over your shared children.
There are some nuisances to consider for tax purposes. First, we must determine what happens if the non-custodial parent claims a child on their taxes. In this case, you must complete your tax filing paperwork and claim your child appropriately. The Internal Revenue Service will process your tax return accordingly. The non-custodial parent can claim a child only if they receive a signed Form 8332 from the IRS or other documentation from you saying this is allowed. However, check local state laws for any differences.
Lastly, as a general rule in family law, you cannot move 100 miles away or more without permission. Before you can move a long distance, you need to check if your custody arrangement allows this. Alternatively, the court must have allowed you to modify your arrangement for a long-distance move.
When Do I Need to Contact a Lawyer?
If you are the custodial parent and unsure of your rights and responsibilities, you can contact your local child custody attorney to guide you through the information. You and the non-custodial parent must understand the custody agreement and cooperate for your child’s best interests.
