There are 2 Types of Custody

Before you agree on a custody designation, please know that there are two. There is a Parent of Primary Residence and there is a Parent of Alternate Residence.

It doesn’t mean that one parent is better than the other parent, but when you are the Parent of Primary Resident, you’re the parent who has the child on a day to day basis, and when we look to that we look to see where is the child going to go to school.This designation can also influence extracurricular activities, after-school care, and the daily routine your child will follow. It’s not just about where the child sleeps most nights—it impacts stability and structure.

So often times when one parent is designated as the PPR, the Parent of Primary Residence, you will then look to that is where that child is going to go to school.

So when you are deciding whether or not you want to be the PAR or the PPR, a lot of introspection has to be completed and you have to have an open dialogue with us, as to what you’re prepared to do with regards to your children.

How is child custody determined?

The court’s main consideration when deciding on types of custody is always the best interest of the child. Many factors are considered when making this determination. Some of the factors considered are:

Physical and emotional environment
Personal safety
Moral atmosphere
Mental and physical health of the parents
Age of the children
Preference of the children
Prior parental behavior, including any history of abuse
Ability of each parent to care for the child
Importance of religious upbringing within the family

TYPES OF CUSTODY

How is custody determined in a case where the parties are not married?

When the parties are not married, the matter is referred to as a non-dissolution case. The types of custody considered in non-dissolution cases are treated the same way as they are for married couples. The parties are referred to custody mediation.

During mediation, both parents have the opportunity to discuss parenting time, decision-making responsibilities, and the best interests of the child in a neutral setting. The issue of paternity also frequently arises. In those cases, the father may be required to take a paternity test, which is a simple procedure. Once paternity is established, the court can issue orders regarding custody, parenting time, and child support, ensuring legal rights and responsibilities are clearly defined.

How can a custody arrangement be modified?

Once a child custody arrangement is established, either party can make an application to modify the arrangement if a change of circumstances has occurred since the original custody decision. Examples of such changes might include relocation, a change in a parent’s work schedule, concerns about the child’s safety, or a shift in the child’s educational or medical needs.

The party applying for a change must prove that there has been sufficient change of circumstances to justify granting the application. This requires credible evidence proving to the court that something significant has happened that was not considered when the court made the original custody decision. The court will always focus on whether the modification serves the child’s best interests above all else.

By Herbert & Weiss, LLP