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What is 'primary residence' is a joint custody arrangement?

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  • What is 'primary residence' is a joint custody arrangement?

    I have read a few posts and some case law and every case seems to be different. What is the meaning of 'primary residence' with relation to joint custody?

  • #2
    Originally posted by Pharah View Post
    I have read a few posts and some case law and every case seems to be different. What is the meaning of 'primary residence' with relation to joint custody?
    From my understanding it relates generally to tax matters. The person who has "primary residence" is able to claim the child(ren) for tax purposes.

    This is different than shared parenting where each parent would be able to claim taxable benefits, either 50/50 or in alternating years.

    It does not effect the decision making ability in joint custody scenarios, or the obligation of each parent to discuss and agree on the major decisions relating to the child.

    In some instances it does give the "primary residence" parent some overruling authority in decisions relating to the child, but not often.

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    • #3
      It really isn't a term that you will find in legislation, same as "primary caregiver". It is a catch-all phrase that means what you want it to mean. If you have a legal argument, make the argument and don't worry about the term. If you are writing it into a separation agreement, you are better off defining the term within the agreement, otherwise it is so vague it could be argued either way in the future. What does it apply to, what does it not apply to? Who decides that 5 years from now?

      Most commonly it is just used to indicate the children's residence for the purpose of school district and any other similar mailing address needs. It doesn't mean decision making. It doesn't mean shared parenting or sole physical custody, those should be otherwise specificly described. You might use it in conjuction to the other terms to hammer your point home, but on its own it means little.

      If your ex is asking for this term to be included in the agreement, ask them to define it and then use the definition instead. If they are using the term in their court application, make your arguments according to your understanding of the facts.

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      • #4
        Previously, when my ex and I had almost equal custody of the children, we used "primary care and residence" to establish child support. It was a defining term more than anything else.

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