Anon wrote:
Interesting questions. The custody order simply states:

"The parents shall share joint legal custody."
"The parents shall share joint physical custody."

Then goes on to state when the child is in the care and custody of the
father and the mother. Essentially it's split evenly, but there are a
few variances which give slightly more time to the father. Since
custody time is so close and the father makes roughly three times what
the mother makes, he must pay her child support. Still, the
California code is full of language like, "if the custodial parent
[blah, blah, blah] the the noncustodial parent [blah, blah, blah]"
What I haven't found anywhere is a definition of "custodial parent".

Years ago, when most of these laws were written, the courts awarded
custody to one parent and visitation to the other, so it all made
sense. Mom had custody, so she was the "custodial parent", dad
didn't, so he was the "noncustodial parent". But these days, the
courts are awarding "joint custody" and "shared custody". So, to
apply these laws the courts would have to first figure out who's the
CP and who's the NCP. In the code each get very different
priveledges. Yet, I haven't found a legal definition for these terms
in the code anywhere.

Can someone let me know what the courts use to determine who's the CP
with "shared custody" arrangements?

I'm in a similar situation, where we share equal time, no "custodial"
parent is mentioned, but I pay her CS because I work and she just
collects disability.

Part of me wonders if I would succeed if I tried to get CS from HER, on
the grounds that I have as much right to it as she does (it makes
perfect sense to me -- if SHE was working and I was not, you think
they'd leave me alone?). I don't want to rock the boat right now, but
in the future, after I'm off the CS hook, it may be something to
consider, just for fun.

18+ years of back child support might come in handy, even if it's only
whatever the state can mug off of a disabled woman, eh? :^/

- Ron ^*^