When parents divorce, custody disputes are somewhat common. Frequently, both parents want to have as much time with their children as possible. They may struggle to agree on an appropriate overall division of parenting time and how to address special days, such as birthdays and holidays.
Additionally, parents have to decide who has primary residential responsibility. Residential responsibility refers to the obligation to provide housing and other basic needs for the children, as well as being physically present with them for their safety.
If the parents can’t agree on how to allocate residential responsibility, how do the courts navigate that complicated decision?
The children’s needs are the top concern
Family law judges need to familiarize themselves with family circumstances when addressing custody disputes. They must understand the schedules of everyone in the family and any special medical concerns. They generally learn about the prior relationships the children had with each parent.
When allocating residential responsibility, factors including pre-existing relationships, overall stability, and housing arrangements are key considerations. Judges may even consider where the children attend school and how residential responsibility might influence their enrollment opportunities. If one parent does not have housing in the school district where the children currently attend class, the other parent may have more residential responsibility to ensure the children can continue attending the same school.
Parents hoping to maximize their residential responsibility in a litigated child custody scenario may need help understanding the law and developing a workable strategy, and that’s okay. Keeping the focus on what is best for the children may ultimately lead to a more favorable custody order.