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In the event that a couple wants a divorce, they need to think what is best for their child. During a divorce judgment, the court will decide who the primary caretaker of the child will be. A caretaker’s duties are not limited to caring for the children. Sometimes, the duties may also include looking after the elderly who cannot support themselves financially and physically. When one is given the role of a primary caretaker, one may have many questions about the role. Given below are a few of the top questions about primary caretakers that are answered: What does one mean by primary caretaker?
Psychologists give a lot of importance to the bond between a child and the primary caretaker. As a result, this term is given a lot of legal importance. Most family courts give preference to the parent who can prove that he/she was the main caregiver of the child during the course of marriage. How can the child support for children living with the caretaker be decided if one of the child moves in with the other parent?
The court should be informed that custody of one child has been changed before the primary caretaker can apply for modification of child support. If this is not done, the child support enforcement will not make any changes to the support. Once the court order for the same is obtained, the child support enforcement will recalculate the child support for the other children. One of the parents of the child, who had health issues has recovered and now wants custody of the child who is living with the primary caretaker. What can be done to avoid such a situation?
If the child is taken away from the primary caretaker for 6 months or more, the state may claim jurisdiction over the custody of the child. The primary caretaker will then have to go to that state to solve any custody issues. If the other parent is not completely recovered, the child can be taken away by child protective services. Who would be the primary caretaker if the parents are not married? In the event that the mother wants to leave the father, can she claim physical custody of the child?
In situations like above, the parent who is responsible for majority of the care given to the child would be the primary caretaker. The mother cannot claim custody till the court decides on the matter. The father may also have equal rights, especially if his name is there on the child’s birth certificate. The father may also seek a court order to prevent the mother from taking the child. A parent who works from home is the primary caretaker of the children. The other parent is abusive. In such a situation, can the primary caretaker win the custody of the child?
In the above situation, it may be considered that the other parent’s behavior is not in the best interest of the child and hence the primary caretaker may be given custody. A mother in South Carolina holds joint custody of the child with the father. She wants to become the primary caretaker and move to another state with the child. Will she be able to succeed in doing so?
The court in such a situation may look for the best interest of the child and grant the relocation if there is a strong financial reason for the move. This means the parent should have a better job, the child should get a better school and they must have a better standard of living. It will further help the parent if arrangements are made for the non custodial parent continue being in a relationship with the child. One may face any kind of problem when one applies to be a primary caretaker. One may ask a family lawyer to sort out these issues.
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