Who Gets Custody of a Child in a Divorce? 

The question of who gets custody of a child in a divorce is often fraught with emotion, but some rules must be followed. First, a parent must show that a change in circumstances has occurred that makes the current order no longer in the child’s best interest. The judge will then evaluate the changed circumstances in light of best interests standards.

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Parent with primary care 

The parent with primary physical custody of a child is typically the one who spends the most time with the children. That parent typically receives regular parenting time and receives full guidelines for child support. Because this parent spends more time with their children, they have greater control over their upbringing. Aside from time spent with the children, primary physical custody also affects the finances of the children. The parent with primary physical custody will receive child support from the other parent. 

The parent with primary care is responsible for providing the child with food and clothing. He or she may also make health care arrangements for the child. The primary caregiver may also be the parent who takes the child to school conferences or teaches reading skills. 

Parent with primary care after divorce 

A parent with primary care after a divorce has taken primary responsibility for the child’s needs. This includes providing food, clothing, and healthcare for the child. The primary caretaker may also make decisions about the child’s education and participate in conferences at the child’s school. These activities may also be considered by the court when determining custody and visitation issues. 

In some cases, the primary caregiver has custody of the child after the divorce. In such a case, the custodial parent must purchase health insurance for the children. The court will look at several factors to determine which parent is the primary caregiver. 

Parent with primary care after divorce without regard to parent’s sexual orientation 

Whether a parent’s sexual orientation will have an impact on custody is not always decided in a divorce case, but in some instances, the court will consider it. Sexual orientation can affect custody in many ways, including causing frequent moves between homes, hospitalizations, and even police intervention. In such cases, a court will be less likely to award custody to a sexually-abusive parent and will instead allocate parental responsibilities to the other parent.