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Mukund   19 November 2024

Primary custody query

What does primary custody mean?

is it different from legal custody? 

This is a mutual divorce case and is in process...waiting for the final date of hearing....

We agreed on shared custody but the opponent insists on getting primary custody status and asking for all the child docs such as aadhaaar, birth certificate, passport..

I am afraid to agree to primary custody as the opponent may move the kid outside the country or outside far away. We already agreed for shared custody and 25+ days with the opponent and remaining days with me. 

The opponent argument is that since they have the kid for more than 25+ days, they need to be the primary custody...

The opponent is already moving the kid to a different school without my consent. 

Just need some clarity please...



Learning

 9 Replies

sanjeev murthy desai (Advocate)     19 November 2024

Till 6 years mother is primary costodian after that legal custody it means as per court order.

Mukund   19 November 2024

Hi Sanjeev, thanks for the response. The child is 11 years old. So, how the primary custody will be considered by the court? Will they consider it based on the number of days the kid stays with a parent?

sanjeev murthy desai (Advocate)     19 November 2024

Court will get the opinion of the child, accordingly it ll be decide.

 

Mukund   19 November 2024

Is primary and legal custody one and the same?

 

We already agreed on shared custody, days, etc. and that remains. The only issue here is she is asking for primary custody and I don't know what that means. And I don't understand why kids opinion is required in this case?

The kid is ok with shared custody arrangements and we are already following it. 

T. Kalaiselvan, Advocate (Advocate)     19 November 2024

Primary child custody, also known as primary physical custody, is when a child spends most of their time with one parent: 

Responsibilities

The primary custodial parent is responsible for the child's day-to-day care, including providing a safe and stable living environment, food, clothing, education, and support. 

Visitation

The primary custodial parent must follow any visitation arrangements ordered by the court for the other parent. 

Decision-making

Primary custody is related to physical parenting time, not legal custody, which is about important decisions regarding the child. The primary custodial parent's ability to exclusively make decisions depends on other factors. 

The other parent, who spends less than 50% of the time with the child, is called the secondary custodian or non-custodial parent. 

To be awarded primary custody, a judge must decide that it's in the child's best interest. The exact percentage of time spent with the child varies from case to case. 

Mukund   19 November 2024

Thanks Kalaiselvan sir.

The important decision includes school change? What are considered important decisions?

And is it mandatory that the aadhaar, birth certificate, passport to be given to primary custodian?

T. Kalaiselvan, Advocate (Advocate)     19 November 2024

The primary custodian should be in possession of child's aadhar card and all his personal related items.

Mukund   20 November 2024

Hi Kakocer, does primary custody give exclusive rights over deciding which school to admit?

T. Kalaiselvan, Advocate (Advocate)     20 November 2024

The primary custody may cover all the aspects pertaining to the welfare of the child which is paramount.


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