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Does custodial parent have to be the one with the most parenting time?

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operaluca

Junior Member
What is the name of your state (only U.S. law)? New York

Does the parent with the most parenting time HAVE to be considered the custodial parent? My ex and I have a joint custody arrangement and the split right now is like 51/49 % in his favor, but I am the one who will be getting some child support (I make much less).

Can I still be the "custodial parent?" It makes the divorce forms very complicated to have the "non-custodial parent" be the one getting the child support....


Thanks!
 
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operaluca

Junior Member
So, but can I be the "custodial" parent if I only have 49% parenting time?

Can anyone address that? Thanks!
 

LdiJ

Senior Member
Yes, you could be. We have seen orders like that. Its a bit unusual, but it happens.
 

LdiJ

Senior Member
Just a question about these percents too I was wondering, any can answer.

How the heck do you determine parenting percent. Especially as close as 51-49. How is that calculated. Just curious.
I think that's curious too. It can't just be based on overnights.
 

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