Can I get Primary Physical Custody Order ?

Question

Setting aside all other factors, there is one child who is 3-4 years old boy. The child is being cared for by both Parent A and his grandmother. On the other hand, Parent B is taking care of their own minor daughter from a previous marriage, as well as the boy born from the relationship with Parent A. Can Parent A request a court order for custody to be divided such that the child is with Parent A for four days a week and Parent B for three days a week?"

Robert Kane · Answer

Yes, parent A can request a court order for custody to be divided such that the child is with Parent A for four days a week and Parent B for three days a week. Will a judge ultimately decide that it's in the best interests of the child(ren?) I don't know. The judge will not be setting aside all other factors.

Tobie B. Waxman · Answer

Either parent can ask for whatever custodial arrangement they want. Whether that request is granted is a different question. You have not provided sufficient information for a proper analysis of your situation.

James L. Arrasmith · Answer

In family law cases, the determination of custody arrangements is typically based on the best interests of the child. The specific factors considered can vary depending on the jurisdiction and the unique circumstances of the case. To obtain primary physical custody or modify an existing custody arrangement, Parent A would generally need to demonstrate to the court that such a change is in the child's best interests. 
 
When considering custody arrangements, courts typically evaluate factors such as the child's age, health, and emotional well-being, the ability and willingness of each parent to provide for the child's needs, the quality of the parent-child relationship, and any history of domestic violence or substance abuse. The court may also consider the stability of the child's living arrangements, the proximity of each parent's residence to the child's school and other important locations, and the willingness of each parent to facilitate a healthy and ongoing relationship between the child and the other parent. 
 
If Parent A believes that it would be in the child's best interests to have a custody arrangement where the child spends four days a week with Parent A and three days a week with Parent B, they can request a modification of the custody order from the court. Parent A would need to present evidence and arguments to support their position, demonstrating that the proposed arrangement is in the child's best interests based on the relevant factors outlined by the jurisdiction's family law statutes. 
 
To pursue a modification of custody, it is advisable for Parent A to consult with a qualified family law attorney who can provide guidance based on the specific laws and procedures in their jurisdiction. An attorney can help gather the necessary evidence, prepare the legal arguments, and represent Parent A's interests in court.

Q: Can I get Primary Physical Custody Order ?