Primary Residence

[rimanel]

Hi

Sorry if this question has been asked...just looking for the information how the childs primary residence is determined. My Ex is staying in the house, I am moving out and I have been the primary caregiver.

And we both want primary residence...

What factors do judges take into consideration when determining who the child is going to live with in case of joint custody?

thanks!

[dadtotheend]

Yes, this question is discussed at great length in this forum and on the internet. Do a search on primary residence in this forum and the internet.

[billm]

Can someone please answer this question?

[dadtotheend]

Or one could please use the search function and do some reading. It's not a simple answer that applies across the board.

[billm]

Or one could please use the search function and do some reading. It's not a simple answer that applies across the board

No, but a simple opinion would be nice instead telling someone to go look elsewhere dadtotheend. Everything is on the internet, so your common answer to 'go look it up' is rendundant and a waste of time unless supported with related links.

[Kimberley]

I suppose I am wondering why you are moving out if you have been the primary caregiver all this time. Are the children staying with her, or are you taking them with you?

Dadtotheend is correct, it really isn't a simple answer that applies across all cases; but that being said, a judge could very well determine the home that the children have known and you moved away from as primary residence.

Primary residence must be determined as the children have to have a main address for medical and education needs (for example), but does not say it's where they live the majority of the time. You can have joint custody, and share the children equally between homes, but one of those homes must be given primary status.

Best of luck.

[dadtotheend]

No, but a simple opinion would be nice instead telling someone to go look elsewhere dadtotheend. Everything is on the internet, so your common answer to 'go look it up' is rendundant and a waste of time unless supported with related links.

I suggested searching the forum. Look at ottawadivorce.com home page and under divorce articles, child custody. Primary residence is closely tied to the determinants of custody.

Or a search on "factors determining custody" with an hour or so of reading would be more effective than asking someone to reinvent the wheel for you. There's loads and loads of information that can be accessed with five minutes of effort. On the other hand, you are asking others to spend at least an hour writing that up for you.

I'll say one thing. If you move out, you're going to be seriously behind the eight ball. The house the kids are in now is their primary residence. If you can't get your wife to agree that your new place will be primary residence, you're going to have a next to impossible chance convincing a judge to the contrary. As you well know by now billm, moving out without the kids is cardinal sin number one.

[dadtotheend]

...that being said, a judge could very well determine the home that the children have known and you moved away from as primary residence.

Best of luck.

Damn straight on that. Extremely unlikely a judge will alter that status quo, especially when it's Mom who's staying with kids.

[FreeNow]

Dad,
I have been on forums for years and moderate on one.
Often a newbe joins a site and asks a ?. An experienced member answers "search stupid" or "read, read, read" or something to that effect.
Really good experienced members give the newbe a couple links to what they are looking for on the site and give them a pleasant welcome.

FN

[today]

wooo, dad to has been an excelent source of info and help here for some time c'mon now be nice. So free now....rather than complain offer your own links if you have any suggestions. No need to offend any one. Oh and how about a little advice of your own mr. mod.

[dadtotheend]

Dad,
I have been on forums for years and moderate on one.
Often a newbe joins a site and asks a ?. An experienced member answers "search stupid" or "read, read, read" or something to that effect.
Really good experienced members give the newbe a couple links to what they are looking for on the site and give them a pleasant welcome.

FN

Good thing I didn't call anyone stupid then. I also tried to point out the home page of this site as a resource.

But thanks, next time I invite someone to put in a little effort, I will be sure to post a link or two as well.

[dovan]

To be honest the judges look at the best interest of the child first and foremost. With that in mind if you are moving from the primary residence where the children live and that is where your ex will remain then I am sorry but for the most part the judge will order that she have primary residence. The wishes of the children are also a factor depending on their age. If your children want to live with you at your new residence then that as well will be taken into consideration. If there is going to be a 50/50 split on custody then the judge will on many factors. First off remember that a joint custody agreement is usually not granted to spouses that do not get along and cannot co-parent for the best interest of the child. You could at this point have a judge order a temporary order whereas you have joint custody and shared visitation with the children make sure you outline the visitation days for each parent, one day here and one day there is not good for the children, a better visitation schedule would be something like one week on and one week off. if the at is possible to do. make the order on a without prejudice basis.

here is the definition of without prejudice basis
Definition

Legal term signifying that something is being done, proposed, or said without abandoning a claim, privilege, or right, and without implying an admission of liability. (1) When used in a document or letter, these words mean that what follows cannot (a) be used as an evidence in a court case, (b) be taken as the signatory's last word on the subject matter, and (c) be used as a precedence. Contents of such documents normally cannot be disclosed to the courts but, when a party proposes to settle a dispute out-of-court, it is the genuineness of the effort that determines whether the proposal can disclosed or not, and not if the words 'without prejudice' were used. (2) When a court case is dismissed, or a court order is issued, without prejudice, it means that a new case may be brought or a new order issued on the same basis as the dismissed case or the original order.

Best of luck

[100pecrentmom]

well i havent been on in a while but I sure did some research my Grandson talking like a champ, my husband and I love him enough to fight for whats best and right.Father is a deadbeat dad no child support on dope,and wants to pick him up HAHA , and my daughter has the right thing in her heart.Sees him all the time and wants the father to get counseling court ordered its sad , there is really no room for grey when having a infant either you are a parent or not, its amazing there are over 1,465,324 grandparents raising grandchildren I think alot of these kids that are having babys, there parents still treat them as babys

[FamilyBlah]

I
Primary residence must be determined as the children have to have a main address for medical and education needs (for example), but does not say it's where they live the majority of the time. You can have joint custody, and share the children equally between homes, but one of those homes must be given primary status.

Is this opinion or fact? I see no need for a Primary Residency to be established if all the needs of the child are met with a Joint Custody 50/50 Shared Residency arrangement.

Any other opinions on this matter?

[Tayken]

Hi

Sorry if this question has been asked...just looking for the information how the childs primary residence is determined. My Ex is staying in the house, I am moving out and I have been the primary caregiver.

And we both want primary residence...

What factors do judges take into consideration when determining who the child is going to live with in case of joint custody?

thanks!

Primary residence is usually a non-issue in 50-50 co-parenting arrangements. If either of you are not moving out of the court jurisdiction then there shouldn't be a problem or a concern.

Where Primary Residency matters:

1. When one parent suddenly moves out of the jurisdiction.
2. When the enrolment of children at a school is impacted by this move.
3. The maintenance of government issued documents (passport, health cards, etc...) is linked to the primary residence.

If you are leaving the children's primary residence and you fight over it...

1. Generally the primary residence is the residence the children primarily resided at. So you are technically leaving the primary residence.
2. It isn't a huge deal unless services to your children are impacted (school) or you want to maintain "ownership" over documents. (Which are legally the property of the government.)

What needs to happen for co-parents or parallel parents:

1. The government systems need to recognize that children have and can have two primary residences. (With each parent.)
2. The government should issue two copies of all documentation (identifying the parental responsibility) to children who have two parents.
3. No parent should have "control" over the other parent by possessing this documentation over the other parent.
4. Primary residency should only matter when a parent leaves the jurisdiction the children resided in and services (government) are impacted by this move.

Good Luck!
Tayken