Following a divorce, both parents my find themselves battling for custody of their child. As a devoted parent, you may feel that you deserve to be the primary guardian of your children. The other parent may not be a "bad" person, but you may be better equipped to be your child's primary guardian. In court, a judge will often take the side of the parent who is considered to be the child's "primary caretaker."

Who is the "Primary Caretaker?"

The court will take many factors into consideration when choosing who will be awarded custody of a child. You could named the "primary caretaker" if you are the main person to do or provide the following for your child:

• Health care
• Food and meals
• Homework assistance
• Participation in school-related activities
• Engagement in extracurricular activities with your child

Some states will even want to know if either parent smokes or drinks in the presence of the child.

Another standard that the court will take into account is referred to as the "child's best interest" guideline. If both parents are highly active in the child's life, it makes it much more difficult for the court to decide who should get custody. As such, the courts will evaluate the finances, employment, and lifestyles of both parents in an attempt to determine which parent would be best for the child to live with. However, these determinations can be extremely difficult to come to and, as such, it is imperative that individuals facing a divorce work with an attorney to help make a strong case for the child custody arrangements they want.

For More Information

The future and welfare of your child is of great importance. As a parent, you want your child to be in the best situation and environment as possible. Visit the website of the San Jose divorce lawyers to learn more about the complicated child custody laws that accompany a divorce or separation agreement.

Author SIG

James Witherspoon

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