Custodial Parent in Divorce

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The parent with whom the child usually resides with and who makes the legal decisions pertaining to the child is termed as the 'custodial parent.' It has been observed that in a large number of cases, the mother is the custodial parent.

Challenges faced by the Custodial Parent in Divorce

• The custodial parent is burdened with the sole responsibility of bringing up the children. The welfare and security of the children is completely dependent on the decisions made by this parent

• Generally, child support payments are not adequate in the present world that is marked by inflation. Consequently, the custodial parent must obtain employment, if he/she lacks one. In order to get a job, this parent may have to undergo education and/or training. It follows that the parent has to arrange for these expenses when his/her standard of living has been reduced

• From the above two points, it is clear that the custodial parent has to manage several issues as follows
  • A full-time job
  • Cooking, cleaning, washing and ironing for the children
  • Accompanying the children to school, the doctor, the baby-sitter etc

  Due to this multitude of works, this parent finds very scant time and energy for himself/herself

• A custodial parent has to discipline the children with nobody to endorse these efforts. It has been observed that some custodial parents are upset by the divorce to such an extent that their capacity to play the role of an efficient disciplinarian is hampered. Moreover, the children are going through or have gone through an emotional turmoil. This makes them more tough to discipline

• It is a fact that married friends of the divorced couples generally avoid them after divorce. The reason is that the married friends fear that their own marriage might proceed to a divorce. They are not sure how to respond to the divorced couple

• If the custodial parent is a female, she feels that her children are a hurdle to an active social life. Some mothers develop a guilt feeling when they leave their children and go for a date

Custodial Parent in Divorce must fill the FAFSA

FAFSA = Free Application for Federal Student Aid

It is the responsibility of the custodial parent to fill the FAFSA. For reasons of FAFSA, the parent with whom the child has resided for the maximum duration during the past twelve months is termed as the custodial parent. This 12 month period is not the previous calendar year but the 12 months duration that ends on the date of application of the FAFSA. It must be kept in mind that this parent is not essentially the one who has legal custody.

Let us consider a case that the child has resided with both parents for an equal time during the previous 12 months. Then, the parent, who disbursed maximum financial support to the child during the previous 12 months, is expected to fill the FAFSA.

All the above rules have been included in the Higher Education Act of 1965 (20 USC 1087oo(f)(1), Section 475(f)(1).

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