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

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption