Primary vs. Joint Physical Custody

Asked over 4 years ago - Tucker, GA

If one parent has always spent approx. 90% of time w/children (age 5 and 7) w/ rare visitation from the other parent, and there are no issues with current quality of care, finances or living conditions, how likely is the "rare care" parent to be granted joint physical custody in a divorce? (We can agree to joint legal) Does this parent's "promise to spend more time" hold any weight? Also, what factors are considered when making this decision? In my case, spouse left the home about 3 years ago and lives alone in a 1BR apt and sees the kids approx. 8 hrs/wk - school pickup. He has never kept them overnight or an entire weekend. He is not abusive or a danger to them, and has full access to them but is too busy with work and personal life to see them.

Attorney answers (1)

  1. Melanie Ann Brubaker

    Contributor Level 12

    Answered . Would your spouse agree to joint physical custody with you being the primary physical custodian and your husband the secondary physical custodian? I believe actions speak louder than words. Is there something preventing your husband from seeing your children only 8 hours a week? If you have an attorney, please discuss your question with your attorney. If you do not have an attorney, I recommend that you set-up a consultation with a law firm and our family/divorce law firm, Smith Bivek Law Group, provides a free legal consultation. Thank-you, Melanie Brubaker

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