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When Will the Court Determine Primary Residence?

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

My ex and I share 50/50 custody and visitation with our 3.5 year old child. My ex moved about an hour away last year, which will make this arrangement close to impossible once our child begins school. I would be willing to continue the current schedule, but from what I have read on here and have seen in other cases, Judges do not like to have kids on a 50/50 timeshare once they start school when the parents live that far away

Currently, our child in enrolled in two half-day preschools - One near my home, and one near her home. I have a feeling she will be filing paperwork soon to ask the court to make a decision about where our child will be going to school.. either in my city, or her's. I am dreading this, but want to be prepared as possible when it does happen.

In California, pre-school and Kindregarten are NOT mandatory for all children. Does this mean a judge will not make a ruling until our child reaches first grade, or will the judge make a decision as soon as one of us files for the modification?

Thank you in advance for your help.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? CA

My ex and I share 50/50 custody and visitation with our 3.5 year old child. My ex moved about an hour away last year, which will make this arrangement close to impossible once our child begins school. I would be willing to continue the current schedule, but from what I have read on here and have seen in other cases, Judges do not like to have kids on a 50/50 timeshare once they start school when the parents live that far away

Currently, our child in enrolled in two half-day preschools - One near my home, and one near her home. I have a feeling she will be filing paperwork soon to ask the court to make a decision about where our child will be going to school.. either in my city, or her's. I am dreading this, but want to be prepared as possible when it does happen.

In California, pre-school and Kindregarten are NOT mandatory for all children. Does this mean a judge will not make a ruling until our child reaches first grade, or will the judge make a decision as soon as one of us files for the modification?

Thank you in advance for your help.
Your child would be at a decided disadvantage if your child does not go to kindergarten, and its not going to be workable to do two kindergartens. So, you may only have about a year and a half or so before this issue has to be dealt with....and it can take six months or longer for a decision to be made.

Any chance you could move to mom's community or at least closer to mom's community so that 50/50 would still be workable? Or perhaps convince mom that both of you should move to a community half way between your respective places of employment?

Honestly, for 50/50 to truly work, particularly as a child gets older and involved with friends and outside activities, it needs both parents living in the same community.
 

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