In any custody case, the main objective of the family court is to protect and ensure the best interests of the child. However, there are other factors that will be considered by the courts in determining what custody arrangement is suitable in each case. One such factor is the primary caretaker standard which is recognized by New York courts and can be persuasive in a child custody case.

What is the primary caretaker standard?

The primary caretaker standard is a factor considered by New York family law courts in determining custody cases. Generally, a primary caretaker can be thought of as the person with whom the child has significant contact and who is responsible for the day-to-day activities that ensure the child is properly cared for. 

Each parent will have the burden to demonstrate to the court that they are the primary caretaker. The parties will need to show how daily responsibilities and tasks are divided between the couple. There can either be a history of completing these tasks or a parent can show that, since the separation, they have taken on the primary caretaker role. 

Though not exhaustive, examples of such responsibilities that can be used to show a primary caretaker status include:

• Bathing, dressing, and other grooming tasks
• Purchasing groceries and preparing meals 
• Purchasing clothing
• Assisting with homework and being involved with the child’s education
• Taking care of the child when sick

How to establish yourself as the primary caretaker

Although the best interest of the child will always be the standard that courts adhere to in awarding custody, establishing yourself as the primary caretaker can strengthen your case for custody. An experienced New York family lawyer can help you meet the burden of proving your primary caretaker status while advising you on your case and guiding you through the custody process.

At the Law Offices of Stacy Sabatini, Esq., we pride ourselves in the zealous representation of all our clients. To discuss how our team can help your family, please contact our office at www.sskfamilylaw.com for a consultation. We proudly serve residents of Rockland County and are conveniently located in New City, New York.