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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 04-18-2014, 07:26 AM
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Default Primary household ......does it matter?

Morning all..

I was doing some reading. Apologies if this has been discussed.


Does it matter if one house hold is the primary one, I.e. in the school district?

I've read about this before, given the kids are divided 50/50, it doesn't seem to matter, other than obviously being able to stay in the school they are used to.
Which is important.

Even if one parent lives 20 min drive away, seems to mean nothing.

I'd appreciate any enlightening comments.

Thanks in advance,

Have a nice Easter.
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Old 04-18-2014, 11:06 AM
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There is no reason to designate one of the houses 'primary'.

However, there are reasons not to. It can lead to an perceived imbalance of 'power' or status or whatever you want to call it.

By no means should one house be designated primary, nor any parent.

This is what I have in my separation agreement:

Regarding primary household:
The Husband and Wife agree no distinction will be made between the two homes the children live in with respect to designation or significance.


Regarding primary parent:
The Husband and Wife agree that they are equal parents to the children and that neither shall be designated the primary parent, or any similar title. The Husband and Wife agree that they will not support any attempt to designate either as the primary parent, or any attempt to make a distinction between the Husband and Wife with respect to status as a parent.
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Old 04-21-2014, 11:26 AM
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I agree with billm. The child has 2 parents and they should not be ranked.

The problem with living outside of the school district is it creates a power imbalance and gives one parent a greater chance to change the agreement in their favor down the road.

The problem really becomes the school board that creates the conflict. If the parent living inside the school district decides to move, most school districts won't let the kid stay there. They have their own rules to follow and don't care about family law.

So, if both parents go from 20 minutes each distance to the school is fine, then all of a sudden it changes to 1 hour say for one parent, it creates a problem that only a judge can decide. So if a parent has a label as "primary" the judge will most likely favour with them. Makes it easier for the judge.
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