What are the legal implications of the “primary residence” concept, when it’s used in a joint physical custody ruling?

Since in this case both parents have equal rights as far as physical custody and live in 2 different homes, does the parent’s house awarded “primary residence” have an advantage over the other parent?

Asked on July 23, 2012 under Family Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

As I understand it this is a trend in the California Courts to ensure children what is called "frequent and continuing contact" with both parents and to encourage both parents to continue to raise their children following separation, unless it is not in the children's best interests. In reality it means that the children live with one parent most of the time.  That would be the advantage.  As long as you have joint custody and a visitation schedule or parenting plan that encompases same and that you are happy with you should be fine.  Good luck.

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