Primary Residence

[justadad-ky]

What is the name of your state? Kentucky

Ex wife and I share 50/50 Joint custody of our son with no primary custodial parent designated. We have a parenting schedule in place with the court and it provides even number of days per parent in the calendar year.

The ex is now indicating that she wants to seek primary residence of our son who is 2.

Is there a difference between primary custodial parent (evaluation process) and primary residence in regards to custody?

What constitutes primary residence? I understand that with primary residence, if I'm not mistaken, is where the child resides however, how does that work with a 50/50 split?

Thank you.

 

[milspecgirl]

don't let her. As long as you two can work together and live close enough- it is wonderful for the child to spend equal time with both of you. A lot of primary residential parents are given the "last say so" when there is a disagreement that can't be solved. This may be what she is going for

 

[justadad-ky]

Currently she resides 3 miles from my house. We do have a parenting agreement in place. She is very resentful and bitter because my work schedule provides me with the opportunity to parent our son 80% or so more then she can because of her work obligations and travel schedules. She does not afford me first right of refusal when she travels anymore because she does not want me having a single day more then she has. We do have equal numbers of overnights which I agreed to give her though she never argued I had more days for nearly a year until 1 month prior to our court date. At that time, I felt giving her 6-9 extra days per calendar year would end the argument and be best for our son.
She also does not want to continue to pay child support.

My issue is, I feel our current schedule and arraingment is workable. If I am seeing this correctly, primary residency is the same as primary custodial parent where a full evaluation process will begin? I'm not sure on the terminology with this one.

 

[milspecgirl]

if she sues for primary- countersue. proving you are more available could be what takes it over the edge in a tie.
i think she wants to be primary residential to slowly cut down your time and get cs from you. i don't think it's possible to be primary residential when time is split 50/50. a judge is not likely to change what you have as it is normally seen as the best situation. she would have to prove it's in the CHILD's best interest not to have equal access to you both and that will be hard!!!!!!

 

[justadad-ky]

Okay, thank you for that response. I can show where I have significant hands on parenting time. I believe you are correct in the assumption that she wants me to pay her child support. That was a BIG player on our settlement. She did not want to pay.

So from what I have read, I need to prepare for a custody evaluation? (6 mos. ordeal)?