If you have been handling the ins and outs of your child’s daily care, you may assume that the court will automatically award you primary physical custody during a separation or divorce. However, that is not always the case, and custody decisions are based on the child’s best interests. It may be beneficial to prove that you have been the primary caregiver, though the outcome of a custody case is based on a variety of factors. Continue reading for more information, and work with an experienced Dallas County child custody lawyer for skilled representation during your case.

What is a Primary Caregiver?

A primary caregiver is the parent who historically handles the majority of the day-to-day responsibilities for the child’s physical, emotional, and developmental needs. Courts consider this role as evidence of the stability and continuity a parent can provide. Common responsibilities include:

  • Handling daily routines (meals, baths, bedtime)
  • Attending school functions and parent-teacher conferences
  • Arranging and taking the child to medical and dental appointments
  • Managing extracurricular activities
  • Assisting with homework and educational needs
  • Providing transportation

Do I Need to Prove That I Was the Primary Caregiver in an IA Custody Case?

While Iowa law does not explicitly require a parent to “prove” they were the primary caregiver in a custody case, establishing this fact can be highly beneficial to your case. The court’s main consideration is always the child’s best interests, and demonstrating consistent, primary care speaks directly to a child’s stability and well-being.

By detailing the responsibilities you have taken on, you provide the court with evidence of the extent and consistency of your care. This proof may help demonstrate which arrangement best supports the child’s stability and routine and meets their ongoing needs, making it a persuasive factor even though it is one of many considerations in the overall custody decision.

Will the Primary Caregiver Always Receive Custody?

Courts will generally try to award shared custody when possible, as maintaining healthy relationships with both parents is often beneficial for children. Even if sole custody is awarded, however, it will not always or automatically go to the primary caregiver.

A history of being the primary caregiver can lead to an award of more overnights or greater physical care time, as this arrangement may offer the child the most continuity and stability. The court considers this factor alongside others, such as the parents’ ability to co-parent, the child’s established home, and any history of abuse or neglect, to determine what custody arrangement is truly in the child’s best interests.

How Can I Prove I Am the Primary Caregiver?

You can prove primary caregiving with documentation. Gather evidence like school and medical records showing you scheduled appointments, sign-up sheets for activities, receipts for clothes/supplies, and communication logs with teachers. Testimony from teachers, daycare providers, coaches, and doctors can also help confirm your role in the child’s daily life and needs.

For more information and help gathering and presenting this evidence, work with an experienced custody lawyer at Iowa Defenders, PLLC today.