Preference for the Primary Caretaker. Download article as a PDF. Mothers and fathers who are splitting up may both seek and be awarded physical custody of their child. In an ideal scenario, a mother and father would come to an agreement together, without battling the matter out in court. However, when a family court judge does have to step in and decide which parent to award primary physical custody to, preference is usually given to the one who is the child's primary caretaker..
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