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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31768
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.
Customer:

how is that determined?

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

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.
Customer:

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,
Customer:

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 - -
Customer:

thanks much

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