Who is the Primary Parent ? ( Father of 1 )

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I have a child with a woman I dated for a couple years in 2011. We are now separated. Our arrangement now is that he stays with his mom while I am at work (8:30am -4:30pm) Monday - Friday, with the exception that Tuesday night she keeps him overnight, and then Friday night until Sunday I have him and I take him to her 12pm on Sunday. I earn substantially more than her. I end up paying a significant amount to her monthly. My question is, with our arrangement who is considered to be the primary parent, if we have joint custody?

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Andrew J. Kania, LL.B., LL.M.

10 years ago

Answer: Joint custody is legal decision making power for major decisions. It has nothing to do with access (the living/visitation arrangements.)

The access determines the child support payable. As well, in determining the child support the overnights are what truly matter, not daytime “babysitting.” I am not sure how many overnights you have based on the above description, but I think that you are saying that the child sleeps over with the mother each Tuesday and Sunday only. If so, then you are the primary parent. I suggest that you call me for a free consultation so that I can better understand your exact facts and I can then guide you.

(The information provided above is general, not legal advice, as circumstances vary from case to case. Thus, if you wish legal advice that you can rely upon for your specific case, please contact Douglas Briand for a free consultation).

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