Of course, the hardest part about getting a divorce from your spouse may be that your child may be out of your presence more often if a joint custody arrangement follows. This physical absence may be especially difficult for you to cope with if you served as your child’s primary care provider throughout their entire upbringing. Not only that, but your legal custody and decision-making authority may be affected negatively. With that being said, please read on to discover how you can prove that you were the primary care provider over your child and how a seasoned Long Island child custody lawyer at the Law Offices of Jay D. Raxenberg, P.C., can help you earn a positive case outcome.

How can I prove I was the primary care provider for my child in my custody case?

The New York State family court may not simply take your word that you were labeled the primary care provider for your child in your household. Rather, they will rely on demonstrated examples of real-world parenting responsibilities you have acted out. Specifically, to the court, it means more that you handled your child’s day-to-day needs rather than simply spending the most time with them. And so, to establish such, you may want to present supporting evidence such as the following:

  • You have been the parent who has consistently attended their school meetings and medical appointments.
  • You have been the parent who has consistently handled their meals, hygienic routines, bedtime routines, etc.
  • You have been the parent who has consistently transported them to and from school and extracurricular activities.
  • You have been the parent who has consistently paid for their childcare needs, clothing, medical co-pays, etc.

Does being the primary care provider mean I automatically gain custody rights?

To reiterate, being the primary care provider does give you a positive advantage in physical custody, legal custody, and parenting time decisions. However, in the end, the New York State family court will prioritize the child custody arrangement that works in the child’s best interests. This usually means having the child maintain a solid relationship with both parents through joint custody. Meaning that, as a previously primary care provider, you may not be automatically granted primary custody rights. Other determining factors are as follows:

  • Each parent’s age, physical health, and mental capacity to handle childcare.
  • Each parent’s ability to provide a safe home environment for the child to reside in.
  • Each parent’s ability to financially support the child’s needs while under their care.
  • Each parent’s ability to cooperate with the other on daily routines and disciplinary techniques.
  • Each parent’s ability to juggle their work responsibilities with care provider expectations.
  • The child’s expressed preference, if they are deemed of a mature enough age to do so.

If you wish to explore your legal options moving forward, please allow a competent Long Island family lawyer from the Law Offices of Jay D. Raxenberg, P.C., to be your guiding force. Please schedule your initial consultation with our firm at the first chance you get.