Primary Caretaker Law & Legal Definition


In Family law, primary caretaker or primary caregiver refers to the parent who has the greatest responsibility for the daily care and rearing of a child. It also refers to a person who has had the greatest responsibility for the daily care and rearing of a child. This person can be a non parent also.

Primary caregiver also refers to a person typically over age 18, who provides care for another. It is generally one who gives assistance to another person who is no longer able to perform the critical tasks of personal or household care necessary for everyday survival.

Example of a State law ( New Mexico) defining Primary Caregiver

N.M. Stat. Ann. § 26-2B-3 defines a "primary caregiver" as a resident of New Mexico who is at least eighteen years of age and who has been designated by the patient's practitioner as being necessary to take responsibility for managing the well-being of a qualified patient with respect to the medical use of cannabis pursuant to the provisions of the Lynn and Erin Compassionate Use Act [26-2B-1 NMSA 1978]