Primary Physical Custody: Is It Right For You?

Primary Physical Custody: Is It Right For You?

16 February 2021
 Categories: , Blog


For parents in the throes of divorce, custody issues are sure to call out for resolution. The family court system is keenly interested in protecting minor children from the negative effects of divorce — at least, as much as that is possible. To that end, divorcing parents may need to pay close attention to child custody issues and let other things be set aside temporarily. Some parents are sure they will seek sole custody. To find out if this form of custody is right for you and your child, read on.

Sole Physical Custody: What Does It Mean?

As you might imagine, sole physical custody has the child residing with one parent and one parent only for a majority of the time. What it does not mean, however, is that the other parent is left out in the cold. In most cases, sole physical custody or sole primary custody is not the same thing as legal custody. Most parents will agree to share joint legal custody of the child. That gives both parents equal footing when it comes to important matters like religion, education, discipline, health decisions, and more. It also means, in most cases, that the non-custodial parent still gets to spend time with the child during visitation.

Other Custody Options

For the sake of exploring other choices, know that sole primary physical custody is a popular way to do things. The second most popular choice might be split or 50/50 custody. Instead of one parent maintaining sole custody, both parents try to evenly divide their child's time between both parents. This can mean the child resides about half of the time in each parent's home. It can create confusion and chaos if the parents are not organized and don't get along, but it does ensure the child spends time with each parent. The third option is so-called bird's nest custody where both parents spend 50% of the time with each child by moving in and out of a single residence. The child stays put in the residence. This can be expensive but provides the child with stability.

Coping With Visitation

Only when the non-custodial parent is unfit does visitation create issues. Supervised visitation can be ordered as an alternative for a non-custodial parent who has violated visitation orders or has been found to be unfit. Common parental wrongdoing can include drug or alcohol addiction issues, physical or mental abuse problems, criminal behavior, abandonment, previous parental kidnapping, and more.

To find out more about this way of handling custody with divorce, speak with a child custody attorney.