In American child custody law, there is a question regarding who primarily keeps and cares for a kid. This type of arrangement is known as primary custody, and it's central to many agreements and disputes. You should understand what primary custody is and how it might affect your case.

Definition

The primary custodial parent is the one the child will be with the most often. On balance, it's hard for two parents to achieve a perfect custodial split. In the course of parenting, you'll run into an issue like making sure a kid is in bed on Sunday night so they're rested for school. One parent should have consistent custody at that moment so the child can develop regular habits. This is especially the case when the kid is young.

Similarly, the primary custodial parent is the one predominantly responsible for basic needs. This covers things like feeding and clothing the child, getting them ready for school, making medical appointments, and so on. For this reason, the other parent often ends up paying child support to the primary custodial parent.

Favoring Mothers

Every child custody attorney has heard the claim that courts favor mothers. In a statistical sense, this is true because the majority of the awards of primary custody go to moms.

However, the major focus in doing this is in limiting disruptions. In terms of day-to-day parenting, kids usually are with their mothers more at the time their parents' relationships end. The court discourages changing whatever the status quo is because it can disrupt a child's life. If the father is the person predominantly caring for the child at the time of a divorce, for example, a judge is far more likely to favor continuing that arrangement.

Challenging Primary Custody

Judges rarely wish to rearrange primary custody unless there is a compelling argument. If you intend to challenge the custody arrangement, it's wise to discuss your concerns with a child custody lawyer first. A lawyer can help you determine whether it is worth the hassle.

Most successful challenges focus on the inability of the primary custodial parent to handle a kid's day-to-day needs. If a parent is physically, mentally, or emotionally unable to provide day-to-day care, the court will consider a change. Bear in mind, though, the court will want to see evidence of a serious problem. Without evidence of a pattern of neglect of the child's well-being, the court is likely to maintain the status quo.

For more information, contact a child custody lawyer like Peter A. Garin, Attorney At Law.