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Roger, Attorney
Category: Family Law
Satisfied Customers: 30910
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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During paternaty proceeding, assuming the court orders equal

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During paternaty proceeding, assuming the court orders equal custody, is one parent considered the custodial parent? Is the children's legal home for school, etc, one parent's residence, both...?

Kirk Adams : Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your question. I'll be glad to help.
Kirk Adams : Even if the court enters an order for joint physical and legal custody, there will still be a primary parent - - and this parent is the one who the child lives with.

how is that determined?

Kirk Adams : The judge usually determines which parent is the primary parent.

based on what?

Kirk Adams : But, the parents could agree to who is the primary parent.
Kirk Adams : It is practically impossible for both parents to spend exactly the same amount of time with the child, and the one who spends the most time/the parent who keeps the child the most.

is it just always the mother?

Kirk Adams : No, it's not always the mother.
Kirk Adams : Instead, the court determines this by establishing what is in the best interest of the child. In order to determine this,

can one parent get less visitation than the other...why

Kirk Adams : the judge will look at the preference of the child (if old enough 10 or older), which parent has the most time to care for the child, the home life/home environment, the family dynamic (step-parent, etc.), the parent's time to take the child to school/home, work schedule, etc.
Kirk Adams : In equal custody cases, the court usually always tries to make sure both parents have equal time with the parents.
Kirk Adams : The judge will try to set up a schedule with the parents that works with their schedules - -

thanks much

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