Can both parents be domiciliary?

Can both parents be domiciliary?

The domiciliary parent is the parent with whom the kid spends the most of his or her time. The kid is frequently and indefinitely in the physical custody of the other parent. If your plan does not include a domiciliary parent, the kid will spend time with both parents. In some states, only one parent can be designated as the domiciliary parent.

In addition to the physical location where the domicile parent lives being important, so too is the mental state of that person. It is possible for one parent to have legal custody of their child and still not be the "domestic" parent if they are not responsible for the daily emotional needs of the child. For example, one parent may have been awarded legal custody of their child but still see them on a weekly basis because they are required by court order to do so. This parent would not be able to claim domiciliary status since they are not responsible for the daily emotional needs of the child beyond what a court order requires them to provide.

It is also possible for more than one parent to have legal custody of a child and yet not be responsible for the daily emotional needs of the child. For example, one parent might have been granted legal custody of their child but still see them on a weekly basis because they are required by court order to do so. However, if the other parent did not want to visit then no problem - the first parent could deny them access to the child.

What do primary and secondary custody really mean?

The parent who has physical custody (or spends more time with the kid) is sometimes referred to as having main custody, while the parent who has visitation (or spends less time with the child) is sometimes referred to as having secondary custody. This is a legal term that means the parent who has primary custody can decide what happens with your children. For example, they can decide whether you get to see them on Christmas Day or not.

It's important to know that just because one parent gets primary custody doesn't necessarily mean the other parent won't see their kids at all. For example, if a parent is in jail and another parent wants to see their child, the court may allow it even though primary custody is with another parent.

Primary custody is usually awarded to one parent by default. If both parents want primary custody, then they must agree which parent will have it and present this agreement to the judge. Sometimes two parents can't come to an agreement about how to share custody so the court will use a formula called "joint legal custody" to divide up parenting responsibilities between them. With joint legal custody, each parent still has primary responsibility for their own children but they can also make decisions about the children together. For example, they could both agree that it's best for the children if one parent stays home with them while the other goes to school.

Can a child live with the other parent?

The youngster has made the decision to live with the other parent. Whether your child decides to live with the other parent or not, there will be obstacles to face. These articles may be of assistance: Separation of children and parents Divorce and Parenting Teenagers Cooperative Divorce and Parenting Coping with Divorce as a Non-custodial Parent

This implies that the non-custodial parent is no longer liable for previous unpaid child support or future child support payments. Parental rights termination is not the same as not having physical custody of a kid. Following termination, the former parent has no right to visit the kid or participate in decisions about the child's care.

About Article Author

Ruth Hendrix

As a parent educator, Ruth Hendrix is passionate about empowering parents to take charge of their lives and have the power to make decisions that are best for themselves and their family. She has been working in the field of parenting education for over 10 years, providing consultation services to families on how they can be most successful as parents.

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