When mom and dad are getting a divorce, or even if not married, custody is frequently an issue. In the event that they cannot agree to the Custody arrangement, the Court will decide for them by applying the Albright Custody factors.
Within these factors there are a few which carry more weight than others. (Ultimately the Jude determines the weight of each). Today’s blog is focusing on the “continuity of care prior to separation.” This means who has been the primary caregiver. To determine this the Court conducts a factual review of the parties actions and conduct with regards to being the primary caregiver and knowing the things primary caregivers know.
Primary caregivers know;
- School teacher(s)
- Day care provider(s)
- Close friends of the child
- Child’s favorites; food, colors, TV shows, toys
- Child’s physical health issues
- Clothes sizes
- Shoe sizes
Primary caregivers do the following;
- Get the child ready for their day
- Cook, clean, wash, bathe the child
- Take the child to and from school
- To and from the Dr.’s visits
- Birthday parties at the Jump Zone
- School programs
- Extracurricular Activities
- Clothes shopping
- Shoe shopping
- Santa Clause, Tooth Fairy, Easter Bunny
While the division of the above chores is rarely even, and each parent has their role, more often than not one parent is doing more and the Court will consider the facts when determining continuity of care.
*The Court determines the weight of each factor. Even if a parent was favored in continuity of care, that factor alone does not provide that they will gain custody in every circumstance.
Thompson Law Firm, pllc Matthew@wmtlawfirm.com (601) 850-8000