Join our newsletter.

What’s the Difference Between Primary and Partial Custody?

Divorce can be a frightening experience, partly because there is so much uncertainty involved.

You look to the future and see only questions that you can’t answer

“Where do I go from here?”

“Can I afford this?”

And, most importantly, “What’s going to happen to my kids?”

This last one is likely to be a major issue in settling your divorce case. That’s why we’ve put together this list of common questions you might have about deciding child custody.

 

What types of child custody arrangements are there?

There are a few main types of child custody:

  1. Sole physical custody – This is a situation where one parent alone has the child or children’s physical custody. The other parent is considered the non-custodial parent and can often maintain some level of contact with the children.
  2. Shared physical custody – Also known as joint custody, this is a situation in which both parents have the right to maintain frequent contact with their children.
  3. Primary physical custody – One parent has custody of a child/children more than 50 % of the time.
  4. Partial custody – One parent has custody of the child/children less than 49% of the time. weekend.

There are some cases where a judge might order supervised visitations, but these only occur in cases involving child abuse, neglect or anytime a parent might be a danger to their child. These visits are monitored by a friend or family member or – in more severe cases – an uninvolved third person.

Will my kids have to testify?

The court may want to hear from your kids, but don’t picture a Law & Order type scenario with some aggressive lawyer grilling your son or daughter on the witness stand. In many cases, the judge will simply just meet with children in their chambers to get your child’s input.

How does the judge decide who gets custody of our kids?

Courts take several factors into consideration when deciding which types of child custody are appropriate for different couples. In Pennsylvania, the courts must address 16 factors in a custody determination. Those factors include such things as any history of domestic violence, the parents’ willingness to co-parent with each other, the child’s preference (if age appropriate), the physical location of each parent’s home, the child’s sibling and the availability of other extended family members.

As we said earlier, going through a divorce can be scary, or at least confusing. If you need guidance on the different types of child custody, contact the Bucks County law firm of Penglase & Benson.

Our lawyers have nearly seven decades in combined experience in helping clients reach custody agreements that protect their children. Contact us today to learn more.

Related News & Articles

After the incident which caused your injury, the person, persons or company that you claim may be responsible for your injury was contacted by the insurance company. Either the person who...

Marriages may end, but being a parent is a lifetime job. After a divorce, you may be required to pay child support, or you might find that you depend on it...

FEDERAL MORATORIUM ON EVICTIONS HAS NOT BEEN EXTENDED As of today the Federal moratorium on Evictions which have kept so millions of people in their homes and apartments during the pandemic...

If you’ve been involved in an auto accident, a work-related injury, a fall in a public or private place, or if you’ve been exposed to an injury or disease as a...

Why is it that so many of us leave this world without ever having written a living will? That’s actually a fairly easy question to answer: Very few of us like...

The COVID-19 pandemic has changed our lives seemingly overnight. We should not expect it stop short of effecting child custody disputes and possibly send them into a tailspin. Scenario 1: I...

If you reach the point where you are unable to make decisions regarding your medical care due to advanced age, an accident or an illness, a living will, trust and durable...

“I don’t need a Will right now. I’ll get to it when I’m older.” Is this something that has gone through your mind? If so you are not alone. The majority...

During the last week of June, the news was dominated by U.S. Supreme Court rulings on marriage equality, fair housing and health care. But another decision handed down at the state...