Who is considered the custodial parent if a child lives with both equally and is provided for equally?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Who is considered the custodial parent if a child lives with both equally and is provided for equally?
Uncontested divorce; joint custody. Everything has been agreed upon except for the address that the child will take. The divorce won’t be final without this. Is it possible to put the address of both parents since both share equally in the care of the child? This would solve the problem. Is there an advantage to being named the custodial parent on this document?
Asked on January 26, 2011 under Family Law, New York
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Generally speaking the definition of the non-custodial parent is the parent that does not have physical custody of the child and is paying child support. That does not seem to apply in this situation, correct? I would without a doubt list both addresses if in fact the children are splitting their time equally between the homes and there is not issue as to support. Is that truly the case here? Maybe it would be best if you ask your attorney as I can not read the agreement to help determine the best guidance in this situation. I can only give you what the standards are and the generalities in a situation. It is always best to be able to give guidance based upon a reading of the agreement. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.