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What is Primary Residential Custody

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  • 11-21-2014, 07:02 AM
    gardenandcats
    What is Primary Residential Custody
    My question involves a child custody case from the State of: Maine A quick question My son was given Primary residential custody with shared legal custody..Mom gets visitation 3:00 to 6:00 four nights a week over nights not specified how many over nights a week when she has a suitable place to have her over night which she doesn't yet..No week ends but of course dad would let daughter go with mom on week ends. Thats all mom asked for as to visitation..Does Primary Residential Custody mean dad is the custodial parent? Also mom wanted the sentence put in the parenting plan. That she would like to have residential custody when she gets her own rent/home so would that sentence have legal meaning or would she have to go back before the judge and have it changed? Judge read it and just kinda looked at her funny and said no more just signed the custody order...
  • 11-21-2014, 07:18 AM
    llworking
    Re: Primary Residential Custody
    Quote:

    Quoting gardenandcats
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    My question involves a child custody case from the State of: Maine A quick question My son was given Primary residential custody with shared legal custody..Mom gets visitation 3:00 to 6:00 four nights a week over nights not specified how many over nights a week when she has a suitable place to have her over night which she doesn't yet..No week ends but of course dad would let daughter go with mom on week ends. Thats all mom asked for as to visitation..Does Primary Residential Custody mean dad is the custodial parent? Also mom wanted the sentence put in the parenting plan. That she would like to have residential custody when she gets her own rent/home so would that sentence have legal meaning or would she have to go back before the judge and have it changed? Judge read it and just kinda looked at her funny and said no more just signed the custody order...

    You would have to type out the exact wording of the order, not your paraphrased version, in order for us to be able to answer your questions properly.

    However, it sounds like they have joint custody with your son having primary residential custody. In the general vernacular that makes dad the custodial parent but its really not the same as him having custody and mom having visitation.
  • 11-21-2014, 08:27 AM
    gardenandcats
    Re: Primary Residential Custody
    father and mother will have shared legal custody concerning childs Medical decisions Schooling and religion. Either parent may take child to her doctors dentist or emergency room.any medical emergency each parent will contact the other parent as soon as possible.


    2. Father will have primary residential custody of child they will reside at (blank) Her home since birth .


    3.Elizabeth will be at her fathers home at all times except when she is scheduled to be with her mother.


    4. Neither parent is asking for any child support.


    5. Mother will have ample visatation as follows. Mondays Tuesdays every other Wednesdays and Thursdays after school 2:30 till 6:00. At this time mother does not have suitable living arrengements that allow over nights. When she does child may stay over night(When mother has her own apartment/home she would like primary residential custody) Would mom have to go back to court to have the Primary residential custody changed? as this is just a statement


    6. Child will continue going to (blank) school both parents agree on this..(mom statesto us not the judge she might have to move to anoither town and move child to another school if she has residential custody???)
  • 11-21-2014, 11:54 AM
    llworking
    Re: Primary Residential Custody
    Quote:

    Quoting gardenandcats
    View Post
    father and mother will have shared legal custody concerning childs Medical decisions Schooling and religion. Either parent may take child to her doctors dentist or emergency room.any medical emergency each parent will contact the other parent as soon as possible.


    2. Father will have primary residential custody of child they will reside at (blank) Her home since birth .


    3.Elizabeth will be at her fathers home at all times except when she is scheduled to be with her mother.


    4. Neither parent is asking for any child support.


    5. Mother will have ample visatation as follows. Mondays Tuesdays every other Wednesdays and Thursdays after school 2:30 till 6:00. At this time mother does not have suitable living arrengements that allow over nights. When she does child may stay over night(When mother has her own apartment/home she would like primary residential custody) Would mom have to go back to court to have the Primary residential custody changed? as this is just a statement


    6. Child will continue going to (blank) school both parents agree on this..(mom statesto us not the judge she might have to move to anoither town and move child to another school if she has residential custody???)

    That is an odd order. Based on the way that is worded it could be interpreted that mom could have the child overnight on every one of the days that she currently has the child for part of the day. That would give mom 7 overnights every two weeks and effectively make their custody a true 50/50 split. However, since mom and dad have to jointly agree on schooling, she would not be able to move the child to another school without dad's or the judge's permission.
  • 11-21-2014, 01:05 PM
    gardenandcats
    Re: Primary Residential Custody
    Im not sure it doesn't say what over nights it wasn't meant to mean over nights on the all days she has her and doesn't come right out and state how many over nights?
  • 11-21-2014, 01:52 PM
    llworking
    Re: Primary Residential Custody
    Quote:

    Quoting gardenandcats
    View Post
    Im not sure it doesn't say what over nights it wasn't meant to mean over nights on the all days she has her and doesn't come right out and state how many over nights?

    Again, the way that it reads is that once mom has stable housing for the child that she gets overnights on her scheduled days...making it 7 overnights in a 14 day period, or true 50/50 custody. I cannot explain it any differently than that.
  • 11-22-2014, 06:27 AM
    gardenandcats
    Re: Primary Residential Custody
    I wonder as it says 3:00 to 6:00 and interpets meaning when she has suitable housing she can also stay these nights all night. What happens in the morning does she return home then go back with mom at 3:00? And school if mom does move to another school district dad won't allow her changing schools so back to court to see what the judge will do as to change of school?
  • 11-22-2014, 07:17 AM
    llworking
    Re: Primary Residential Custody
    Quote:

    Quoting gardenandcats
    View Post
    I wonder as it says 3:00 to 6:00 and interpets meaning when she has suitable housing she can also stay these nights all night. What happens in the morning does she return home then go back with mom at 3:00? And school if mom does move to another school district dad won't allow her changing schools so back to court to see what the judge will do as to change of school?

    Mom takes her to school in the morning (or mom puts her on the bus) and then picks her up again after school (or at the bus stop) if the next day is also mom's. Yes, mom would have to take it back to court to change the child's school.
  • 11-22-2014, 08:33 AM
    gardenandcats
    Re: Primary Residential Custody
    summer visitation is the same then what? How likely would judge be to let child be put into another school system if all is going fine as it is except mom chooses to move?
  • 11-22-2014, 12:24 PM
    llworking
    Re: Primary Residential Custody
    Quote:

    Quoting gardenandcats
    View Post
    summer visitation is the same then what? How likely would judge be to let child be put into another school system if all is going fine as it is except mom chooses to move?

    Your son and mom will have to decide what they are going to do for summer. The judge will make the decision as to school based on what the judge feels is in the best interest of the child.
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