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

As a small business owner, you probably feel that your business is your baby. You may find it hard to think about what will happen to it when you are no...

In the last couple of years people have been trying to save money by reducing the amount of insurance they carry. Combined with the fact that many people have little money...

Whenever we talk about divorce on this blog, we try to acknowledge that it’s rarely an easy thing. But while going through a divorce isn’t pleasant, the process should at least...

One of the most important things for you to do is to keep an accurate record of your medical bills. This is how you do it: a. Ask for a medical...

Spend time traveling between Pennsylvania and New Jersey, you’ll start to notice little differences, on everything from gas pumps to state government. Another key difference: DUI laws. Although both states take...

Facing a divorce can be overwhelming, especially when it comes to dividing your hard-earned assets. It’s not just about splitting possessions. It’s about ensuring you get a fair share in the...

Bad things occasionally happen to good contract parties. Let’s assume you’ve done everything right in the negotiation process. You’ve been transparent about risk; honest about your capabilities; and pellucid in setting...

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...

Roughly 1/3 of all people arrested for driving while under the influence will go on to re-offend, according to the U.S. Department of Transportation. To combat this problem, lawmakers around the...

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...