Sunday, January 17, 2010

What legal rights does primary residence with joint custody give the parent?

My husband was declared the Parent of Primary Residence of his daughter, but shares joint custody. We were wondering what legal rights does this give him over the mother? Also, does this change if we move to a new home? This was done over 10 years ago, and we haven't moved since. Does her permanent address stay with whatever address we go to, or can the mother take us to court to change it if we move?





I hope this makes sense.What legal rights does primary residence with joint custody give the parent?
Unless there is a court order in place requiring you to keep the child within a certain radius, usually 100 miles, you can move to where ever you want.





There really isn't enough info to answer the rest of your question, but I'll try.





Your husband has primary physical custody, but share joint custody with the girl's mother; so, I am assuming that they also share joint legal custody. As such, she can dispute any decision he makes, but would have to take it before a judge to get a ruling. He likewise has that right, so it is usually in her best interest to pick her fights carefully.





He has no legal rights over the mother, beyond those associated directly with residency of the child.





As far as moving, your address is her permanent address. You could move every week, but I wouldn't advise any excess like that. Would give the mother too much leverage.





He has had custody of the girl for ten years, what makes you think the mother would petition for any change at this point? Is she upset about an impending move and doing a little saber rattling? Be aware of anything she says, but don't be too concerned. She hasn't jumped in ten years, that would play against her.What legal rights does primary residence with joint custody give the parent?
I have a friend that went through this and from what I understand she goes with your husband wherever he moves, unless it is stated differently in the custody agreement.





For instance, the mother of my friends daughter wanted to take her to Korea from the US, but could not b/c of custody agreement. He had it put in the custody paperwork that neither party could move with the girl over 50 miles away, unless they had written consent from the other parent.





As for what extra rights he has, I do not know. You will have to look back at the custody paperwork, or have your husband talk to the lawyer who drew up the paperwork.





Hope this helps.
It means his home is her primary home, it's the address her school has her listed at, her Dr has listed at, etc...


yes you can move, he's still her primary residence and caregiver.


primary residence isn't about the ';home'; you lived in when you filed in court, you can move 20 times, that doesn't matter. it means you are her primary resident parent, so whereever you live, she lives.
The mother can take you to court if you take her out of the area but unless you're taking her out of the school district and her friends and her mother is staying in the school district it's unlikely that you'll lose custody.

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