Understanding the “Primary Caretaker” Role

If you are divorcing or ending a domestic partnership and there are children involved, you may have heard the term “primary caretaker” used in custody discussions. However, it may not be completely clear what all the implications of being designated the primary caretaker are, or you may have questions about how that designation is made.

Traditionally, this role was most likely the mother of the children. However, in recent years there has been a shift, with more women working in professional careers and more men taking an active role in caretaking. Many courts are now more likely to evaluate parents individually, with less emphasis on gender. Courts may consider any of the following in determining the primary caretaker:

• Who provides the most direct care for the child, such as feeding, grooming, and transporting him or her?
• Who oversees education and medical care?
• What is each parent’s ability to provide for the child?
• What kind of work schedule does each parent have?
• What is the parent’s health status?
• Does either parent have a criminal history?

After courts determine a primary caretaker for the children, that decision will typically influence the choice of the children’s primary guardian. However, some courts may try for a more even split of guardianship between each parent.

Contact Us

It’s important that you understand how the determination of the primary caretaker will be made in your case, and how it will affect your custody agreement. Call an Oceanside custody lawyer from Fischer & Van Thiel, LLP today at 760-722-7646 to get started on your case.