How the Custodial Parent Is Selected

Rarely does anything cause as much contention as child custody cases. Because custody of minor children (under 18 years of age) often presents major issues, after the divorce, custody of the minor children may have to be divided between the spouses. That division could result in anything from 60/40 time-sharing to a 50/50 time-sharing, to only weekends and summer vacations. If the couple cannot agree on the custodial parent, the court will order a shared arrangement that is appropriate for the children.

The Primary Caretaker
In child custody cases, the primary caretaker becomes an important factor, as the bond between a child and his or her primary caretaker is critical to the child’s successful passage through developmental states. Psychologists strongly encourage the continuation of the “primary caretaker”- child relationship after divorce, as they believe it is vital to the child’s stability. When determining which parent has been the primary caretaker, courts focus on direct care-taking responsibilities, which include grooming, dressing, meal planning, health arrangements and teaching of various skills.

When the Court Makes the Decision
While many couples are happy to be ending their marriages, they are in great stress about losing the day-to-day enjoyment of their children. In fact, child custody and child visitation rights are the most stressful part of a divorce. If parents are able to come to terms regarding child visitation and child custody, a court generally honors the custody agreement.
StraightDivorce Staff

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For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/--