What are the implications of a parent being the “primary caregiver”?

[LongTermDad]

What is the name of your state (only U.S. law)? Oregon

My wife and I agree on a 50/50 split for child custody, but my understanding is that one of us will still need to be designated as the “primary caregiver”, and one of our places needs to be designated as the kid’s “primary residence”. What benefits/obligations come with this? Are there tax implications? Does the primary caregiver somehow have more rights over the kids than the other parent?

 

[LdiJ]

What is the name of your state (only U.S. law)? Oregon

My wife and I agree on a 50/50 split for child custody, but my understanding is that one of us will still need to be designated as the “primary caregiver”, and one of our places needs to be designated as the kid’s “primary residence”. What benefits/obligations come with this? Are there tax implications? Does the primary caregiver somehow have more rights over the kids than the other parent?

In a 50/50 timeshare that usually means that the primary residence is where the child's official mail is delivered and is the address from which the child is enrolled in school, address at the doctor's office etc. It doesn't mean much at all for practical purposes.

There are no tax implications or negative connotations to NOT being designed as the primary residence unless the other parent gets an inflated sense of importance based on having that designation.

 

[Just Blue]

In a 50/50 timeshare that usually means that the primary residence is where the child's official mail is delivered and is the address from which the child is enrolled in school, address at the doctor's office etc. It doesn't mean much at all for practical purposes.

There are no tax implications or negative connotations to NOT being designed as the primary residence unless the other parent gets an inflated sense of importance based on having that designation.

Just to add to this post:

The PP may also have more of an obligation to facilitate the relationship with the NCP.

 

[LongTermDad]

Thanks. That's good to know. I'll stop worrying about whether that gives her any advantage with the kids.

 

[CJane]

Thanks. That's good to know. I'll stop worrying about whether that gives her any advantage with the kids.

Honestly? If you're worrying about "advantages" with the kids (re: financials and "power"), it doesn't bode well for a 50/50 split.

I don't say that to criticize you, but this is only going to work if you and Mom can communicate very effectively and without any of the rancor and conflict that you might be feeling right now. Trust me on that one. BTDT.

If the split of OVERNIGHTS is not EXACTLY 50/50 the parent who has the children slightly more (even if it's ONE more night per year) DOES have some tax advantages over the other parent.

 

[LongTermDad]

The only advantage I am looking at is in relation to what happens to the kids. If there was some sort of preferential treatment legal-wise to the primary caregiver, then I would suggest that we share that responsibility. Maybe ½ the kids with her, and the other ½ with me. (only on paper, not physically separate) I am, so far, attempting to do this without representation, and I want to FULLY understand what is going on. I don’t want something to happen later on and have the courts find in favor of her solely because she was “primary caregiver”.

Honestly? If you're worrying about "advantages" with the kids (re: financials and "power"), it doesn't bode well for a 50/50 split.

 

[Silverplum]

The only advantage I am looking at is in relation to what happens to the kids. If there was some sort of preferential treatment legal-wise to the primary caregiver, then I would suggest that we share that responsibility. Maybe ½ the kids with her, and the other ½ with me. (only on paper, not physically separate) I am, so far, attempting to do this without representation, and I want to FULLY understand what is going on. I don’t want something to happen later on and have the courts find in favor of her solely because she was “primary caregiver”.

I posted in your "Divorce" thread -- and the answer is still the same:

HIRE YOUR OWN ATTORNEY.

 

[CJane]

See, you can't play those games with what's on paper vs what's really happening. Ultimately, if facing a modification, status quo is going to be a huge factor. So REALITY is where the advantage lies.