Who is considered the custodial parent if a child lives with both equally and is provided for equally?

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Who is considered the custodial parent if a child lives with both equally and is provided for equally?

Uncontested divorce; joint custody. Everything has been agreed upon except for the address that the child will take. The divorce won’t be final without this. Is it possible to put the address of both parents since both share equally in the care of the child? This would solve the problem. Is there an advantage to being named the custodial parent on this document?

Asked on January 26, 2011 under Family Law, New York

Answers:

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

Answered 10 years ago | Contributor

Generally speaking the definition of the non-custodial parent is the parent that does not have physical custody of the child and is paying child support.  That does not seem to apply in this situation, correct? I would without a doubt list both addresses if in fact the children are splitting their time equally between the homes and there is not issue as to support. Is that truly the case here? Maybe it would be best if you ask your attorney as I can not read the agreement to help determine the best guidance in this situation. I can only give you what the standards are and the generalities in a situation. It is always best to be able to give guidance based upon a reading of the agreement.  Good luck. 


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