Primary custody query

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

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?

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

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. 

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. 

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?

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

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

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

Very well analysed, opined and advised by experts, I agree and nothing more to add.

Q. The important decision includes school change? 

Ans: Of course it is the duty of parents to take a joint decision on the issue of change of school for his/ her betterment.

Q. What are considered important decisions?

Ans: Overall development of the child are important issue(s).

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

Ans: Yes, requirement of testimonials of the child cannot be predicted hence it is necessary (not mandatory) to hand over all certificates to custodial parent. Even otherwise, the documents are of no use with other spouse in the absence of custody of the child. 

Custody of 11 years old child shall be decided by the jurisdictional court considering paramount interest of the child. However, visitation right of other spouse shall remain intact.

Thanks we decided for shared custody. How the authority to make the decision on the school works in this case? We are sharing 26 days and 4 days in a month.