Family Matters

Parent of Primary Residence: What Does it Mean?

You may have heard a friend or a relative with a child say, “I’m the Parent of Primary Residence”. But what does that term actually mean, and how may it apply in a divorce matter? The terms Parent of Primary Residence and Parent of Alternate Residence originated with the formation of the child support guidelines calculation, a tool utilized by the Court to determine one party’s obligation to provide support to the other for the benefit of the child.

The term Parent of Primary Residence applies to the parent who exercises more overnights with a child in the given calendar year than the other parent, who is the Parent of Alternate Residence.

Over time, the term “Parent of Primary Residence” has expanded beyond the child support guideline calculations. In circumstances where parties exercise a true, shared parenting time schedule, one party may be designated as Parent of Primary Residence for school purposes only to ensure a child can attend school in the district in which that parent resides. A common misconception is that the Parent of Primary Residence has greater authority when it comes to making decisions regarding the child. For example, a party may believe they have tiebreaker authority when they are at an impasse with the other party because they are the Parent of Primary Residence. However, the fact that one party may be designated as Parent of Primary Residence does not negate the fact in most cases, parties share joint legal custody and have the right to equally be involved in decisions regarding a child’s health, education, religious upbringing, and overall welfare.

When entering into an agreement regarding custody, parenting time, and support for a child, it is important to consider your co-parenting relationship with the other party. If you have concerns that one party may seek to make unilateral decisions regarding a child, you may want to clearly delineate that any Parent of Primary Residence designation does not allow greater or tiebreaker decision-making authority. Alternatively, in circumstances where you exercise a true, shared parenting time schedule with the other party, it may be beneficial to specify that neither party shall be designated as Parent of Primary Residence. If you have questions about custody or parenting time,  Obermayer’s family law attorneys can help you understand your rights and protect your role.

The information contained in this publication should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such. For legal advice or answers to specific questions, please contact one of our attorneys.