This pamphlet provides an overview of primary custody. Topics covered include what primary custody is, court evaluations, and how primary custody is chosen.
USLegal Pamphlet on Primary Custody
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Multi-State
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US-PMPH-16
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Word;
Rich Text
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FAQ
Common joint physical custody schedules Two weeks each schedule when the child lives with one parent for two weeks and the other parent the next two weeks. 2-2-3 schedule where the child lives with one parent for two days, the other parent for two days and the parents alternate a three day weekend.
While there's no one-size-fits-all routine, a typical visitation schedule may include: Overnights every other weekend. One weeknight visit or overnight per week. An extended visit during the summer, such as two - six weeks.
Evidence of parenting ability: Courts look for evidence that the parent requesting custody is genuinely able to meet the child's physical and emotional needs, including food, shelter, clothing, medical care, education, emotional support, and parental guidance.
One factor in determining custody is which parent has been the primary caregiver for the child. Some states actually use the term "primary caregiver"; others refer to the parent who is best able to meet the child's needs, who is most willing to accept parental responsibilities, or who has been caring for the child.
A parenting time schedule. Information about how the parents will make decisions for the child. Information about finances and expenses. Parenting provisions (rules about raising the child) Any other information you want to include.
The most common arrangement is one in which one parent has sole physical custody, both parents have legal custody, and the noncustodial parent is granted visitation time.
In writing your own custody and support agreement, you should use language that reflects your willingness to cooperate with the other parent. The tone should be positive and indicate that both parties are willing to comply with the terms of the document. If written this way, a judge is more likely to approve its terms.
A declaration of custody. The division of parental authority and decision-making abilities. A child visitation schedule. Methods for reviewing and modifying the custody agreement. A method of dispute resolution. Any additional provisions you would like to include.
Even though wills are considered more complicated contracts, they can still be handwritten to be considered legally enforceable.It is important to note that even if a written requirement is required under the Statute of Frauds, a handwritten agreement will still work to make the document legally binding.