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  1. #1

    Default 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...

  2. #2
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    Default 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.

  3. #3

    Default 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???)

  4. #4
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    Default Re: Primary Residential Custody

    Quote Quoting gardenandcats
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    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.

  5. #5

    Default 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?

  6. #6
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    Default Re: Primary Residential Custody

    Quote Quoting gardenandcats
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    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.

  7. #7
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    Default Re: What is Primary Residential Custody

    The judge wrote this order? It's terribly written. Your son needs to be careful in the future - I foresee a lot of potential problems. Sounds like he's likely going to have to be back in the courtroom often to iron this out.

    In the future, your son should either look into getting an attorney and/or have a clear concept of what he wants and have done his homework to be prepared for court.

  8. #8

    Default Re: What is Primary Residential Custody

    No mom and dad did wrote it..He and mom thought that primary residential custody meant dad was primary custodial parent. And as to the over nights it didn't specify how many over nights or what nights so they thought. Mom isn't able to have her over nights due to living with a boy friend at his dads home..The main thing was keeping her in her same school. what do you see as a lot of potential problems?
    What dad really wonders does the sentence mom wanted in there saying "mom would like Primary residential custody when she has apartment/home. Is that a order that when she does get her own place it will automatically change or does this mean she would need to go back to court to get primary residential custody? She just wanted that in there so legal system knows she cares and wants her when she can. Right now she and boy friend have to travel 100 miles each early morning to a methadone clinic so they have to leave early before school starts..And mom doesn't want her week ends. Boy friend is on probation and just got put back in jail due to dirty urine test for drugs.. 3rd time in 3 month period! dad just wants daughter safe.

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