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Old September 27th 07, 08:58 PM posted to alt.child-support
Werebat
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Posts: 109
Default Define "Custodial Parent"?

Anon wrote in news:1190339571.665456.8420
@t8g2000prg.googlegroups.com:

if legal custody were technically 50/50 each would get 182 1/2 days.


Perhaps that's the case. It may be irrelevant. Given all the
statutes awarding rights to the Custodial Parent, what is the legal
definition of the term? Is it simply the parent with MORE time, or is
some other criteria used? If it's simply a matter of time, then WHO
would be considered the CP if each parent got EXACTLY 262,800 minutes
of custody each year?


Well, *I* have 50/50 joint physical and legal custody of my son, which I
share with his mother. In *MY* case, the effective answer has been --
the mother.

It's POSSIBLE that if I earned less money than her, the effective answer
would be ME, but I'm not sure of that. Certainly "the lower earning
parent" seems less gender biased than "the mother", so it would probably
be what a court official would tell you if you asked him about my case.

When I asked a similar question of my lawyer in my case, his answer was
a question -- "Well, who is paying child support to whom?" There ya go.
I pay her money, she doesn't pay me anything, so CSE has lots of
documents labelling her as "custodial" and myself as "non-custodial".
I'm TOLD that this is "just because we don't have forms saying anything
else" and that I "shouldn't worry about any legal ramifications", but,
heh. Who are they kidding?

- Ron ^*^