What is "legal residence" when parents have joint physical?

[doc2b]

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

Hi, my husband and I are looking for a new place (we've outgrown this one long ago). In his CO it states "domicile of the minor children shall not be relocated to a distance of more than 50 miles from their current legal residence without the prior written conset of the other parent or the Judge".

Just for the sake of trying to figure out our 50 mile radius to search in, if he and his ex share physical custody (dad has 4 nights, mom has 3), where is the legal residence of the children? Or is it talking about the legal residence of the parent?

Thank you!

 

[mommyof4]

Which residence is used for school enrollment purposes?

Easy answer....don't move more than 50 miles away from Mom so nobody has to worry about figuring out if they are going to get dinged for 52.3 miles.

 

[Ohiogal]

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

Hi, my husband and I are looking for a new place (we've outgrown this one long ago). In his CO it states "domicile of the minor children shall not be relocated to a distance of more than 50 miles from their current legal residence without the prior written conset of the other parent or the Judge".

Just for the sake of trying to figure out our 50 mile radius to search in, if he and his ex share physical custody (dad has 4 nights, mom has 3), where is the legal residence of the children? Or is it talking about the legal residence of the parent?

Thank you!

BOTH homes are the legal residence of the children if they have joint custody. HENCE either parent would have to get permission from the court or the other parent to move. And why is dad looking at moving more than 50 miles from where he is currently living?

 

[doc2b]

BOTH homes are the legal residence of the children if they have joint custody. HENCE either parent would have to get permission from the court or the other parent to move. And why is dad looking at moving more than 50 miles from where he is currently living?

No, we're trying to make sure we stay within the 50 miles...when we moved to our current residence, he worked nearby, and was transferred about 35 miles south of here shortly thereafter. If we could get closer to his work, it would be great, even if that means moving a few miles south of there. Say we move 50 miles south from where we are now, we will still only be 30ish miles from mom's house because she is southwest of where we are now. That's why we need to know what the center of the radius is. Does that make sense? I'm terrible at explaining things...

 

[doc2b]

Which residence is used for school enrollment purposes?

Easy answer....don't move more than 50 miles away from Mom so nobody has to worry about figuring out if they are going to get dinged for 52.3 miles.

Kids stayed in mom's district since that's where they were at before the divorce.

 

[Ohiogal]

No, we're trying to make sure we stay within the 50 miles...when we moved to our current residence, he worked nearby, and was transferred about 35 miles south of here shortly thereafter. If we could get closer to his work, it would be great, even if that means moving a few miles south of there. Say we move 50 miles south from where we are now, we will still only be 30ish miles from mom's house because she is southwest of where we are now. That's why we need to know what the center of the radius is. Does that make sense? I'm terrible at explaining things...

If you are moving closer to mom's house and closer to work both of those are a good thing. The center of the radius is the legal residence of the children -- which is both parents' homes in a joint PHYSICAL custody situation.

 

[LdiJ]

Kids stayed in mom's district since that's where they were at before the divorce.

Then expect that the children will continue to attend school in mom's district and if dad wants to maintain his 4 nights per week, then you had best live within a range that allows dad to transport his children back on forth to school in mom's district, during his 4 days a week.

Don't assume that you are going to get to move up to 50 miles a way and have the children attend school in your district, because mom could easily nip that in the bud in court.

 

[doc2b]

Then expect that the children will continue to attend school in mom's district and if dad wants to maintain his 4 nights per week, then you had best live within a range that allows dad to transport his children back on forth to school in mom's district, during his 4 days a week.

Don't assume that you are going to get to move up to 50 miles a way and have the children attend school in your district, because mom could easily nip that in the bud in court.

There was no mention of moving school districts. I was just answering another posters question. The district they're in has great schools and teachers, so the only way that would change is if mom decided to move.

And, if it matters, either their dad or I have always provided the kids a ride to school on his days, despite the fact that the CO states it's mom's responsibility, so that won't be anything new.