The parent with primary residential custody simply refers to the parent with whom the children spend most of their time. This parent has sole physical custody. Primary residential custody of children is agreed upon by the parents or enacted by a court determination. What does it really mean to be named a “primary residential parent”? In all divorce and custody cases, the court must establish a permanent parenting plan, which details the schedule of time the children will be with each parent, how parenting decisions will be made, and how the children will be financially supported.
In that plan, one or the other parent will be named a “primary residential parent.” Many customers are confused about what that means. Of all the difficult parenting issues we help our families solve, this one is at the bottom of the list. In other words, if you have to make a concession in order for the other parent to accept something really important to you, this may very well be the best option. Coffee and conversation can be a lifesaver We hear these things from grandparents, aunts and uncles, stepparents, and other family members. The determination of primary care parents is based on the Court's evaluation of a number of factors.
The most important consideration is which parent has been most involved in the parenting process. For example, the parent who feeds the children, makes them for the day, gives them dinner, bathes them and puts them to bed will be an important factor in the court's decision. Parents' roles with regard to homework assistance, transportation, and extracurricular activities are also important and are considered relevant by the Court. The parent who has primary custody is the parent responsible for caring for most, if not all, of the child's needs.
The child spends most of his time living with that parent. Primary residential responsibility (custody) belongs to one parent with more than 50% of the residential responsibility (custody) of the children. Primary residential responsibility (custody) is not shared or equal residential responsibility (custody). When a district court in the state of North Dakota awards primary residential responsibility (custody) in a family law case, such as a divorce, legal separation, or other action to establish parental rights and responsibilities, either parent can ask the district court to modify which parent has primary residential responsibility (custody) or to change from primary residential responsibility to equal or shared residential responsibility, if certain requirements are met. The parent who requests to modify the primary residential responsibility (custody) granted in the current judgment must demonstrate, in writing, a prima facie case in favor of the modification.
The other parent can contest the modification request in writing. At the hearing, the parent who requests to modify the primary residential responsibility (custody) granted in the current judgment has the burden of showing that he meets all the legal requirements for the modification. The forms for modifying primary residential responsibility (custody) granted in your current judgment are not available for all situations or circumstances. If you don't find a form that fits your circumstances on this website, the form is not available at the North Dakota Legal Self-Help Center.
Below are the starting points of the legal investigation related to the modification of the primary residential liability (custody) granted in the current judgment. You may need to do additional legal research into your legal issue. See the legal research section of this website. Below are other remedies related to the modification of primary residential liability (custody) granted in a current judgment that may be of interest. The residential care program provides services to eligible adults who require access to 24-hour care, but who do not require daily nursing intervention. Sometimes both parents may share responsibility for making important decisions, but the child lives primarily with one parent.
If the court finds credible evidence of domestic violence and if a dangerous weapon was used or if someone was seriously injured or if recent events show a pattern of domestic violence, there is a rebuttable presumption that residential responsibility may not be granted to the parent who has been violent. Revenge games and tricks will clearly influence the judge's decision about the parent who resides primarily in the residence. Courts have the discretionary power to order alternative, joint, or divided residential liability, depending on the individual circumstances of each case. The Texas residential care reimbursement methodology (program-specific) is found in Title 1 of the Texas Administrative Code, Part 15, Chapter 355, Subchapter E, Rule 355, 509.
