Residential Parent

Question: What is the difference between the residential parent and the custodial parent? I am soon to be divorced with a minor child. I would like to know if someone could explain to me the difference between the custodial parent and the residential parent. What are the responsabilities or the custodial parent, vs responsabilities of the residential parent?

Answer: when i got divorced we had a custodial parent and a non -custodial parent custodial parent: the one the child resides with and is primarily responsible for the support and well being of the child non-custodial(residential?) : the parent that the child does not live with but visits on an preagreed upon or standard court scheduled time slot....also is responsible for paying child support i hope this helps....if you have any more questions just ask :)

Question: Is it welfare fraud to collect food stamps and money each month if your not the residential parent of a child? I was wondering if its illegal in ohio to collect food stamps and government cash from the state if you are not the residential parent of a child in a shared parenting plan.

Answer: Not illegal per say at all. As long as everyone is telling the truth about their income then it could be perfectly legal. Good luck.

Question: what does "residential parent for school purpose" mean exactly? my husband won in our divorce and he is now my sons " residential parent for school enrollement purpose" so what does that mean exactly?? i have visitations with my son will it be hard for me to get my son back?

Answer: It means that the child resides with that parent and that parent is the only one that can legally enroll the child or change the childs school. Don't know what your situation is as to why you lost custody. Just because you are the mom, it does not mean you are the best parent. The judge has to weigh in all the facts and do what is in the best interest of the child.

Question: In Colorado Law what does residential custodial parent mean? My husband has recived court orders involving his ex-wife and his children. In the secion titled Allocation of Parenental Responsibilities (Decision-Making), it says" The Petitioner shall be the designated residential custodial parent and the children's legal resisdence shall be with the Petitioner". He went to pick up his children in another state, she refused to hand them over, we go the police they looked at the orders and thought they should be with my husband, but coud not inforce it, as it was out of state. His lawyer, even thought this, but the order conflicts in other parts.

Answer: Residential custodial parent means where the kids should live. That is the problem with custody orders from one state being executed in another state. The laws may differ so what is legal in one state is not legal in another state. There have been many cases of where one spouse has a court custody order in one state and the other spouse has a court custody order in another state. Some states have corrected this problem by accepting the custody order from other states and requiring new hearings when different custody orders exist. Some states still don't accept custody orders from other states. Your husband needs to obtain an attorney in the state where the Ex and the children are residing. Petition the court there to accept the Custody order from the other state. If the court accepts it, they will issue a custody order also. That will give your husband custody in both states.

Question: Residential and School Placement parent in Delaware County, Ohio? My court order states, "The parent who resides in the Big Walnut School district at the time (child's name) begins school shall be considered the residential parent for school placement purposes." What does residential school placement mean if we have 50/50 shared parenting?

Answer: I think it mean the residential parent get's the child during the school year and the other parent gets them during the summer. Please Answer Mine? http://answers.yahoo.com/question/index;…

Question: Children Of Separated Parents: Do you know how much your RESIDENTIAL parent's child support is? Most kids know how much the other parent is suppose to be paying in child support, but not how much the parent they live with are ALSO REQUIRED by Court Order to be spending on their needs. So often I see questions on here about how child support is being spent that shows just how little people, parents, and especially children, know and understand about this subject.

Answer: I think a lot of parents misinterpret the support amount, though, too. They forget that the support money isn't money that should be used specifically to purchase "stuff" for the child, but to help with groceries, living costs like rent/mortgage, energy usage, a vehicle for transportation, etc. Very rarely is the amount of support so overwhelmingly high that the custodial parent could live off it in luxury without having to work hard themselves as well to earn additional income. With that in mind, both the noncustodial parent and the children need to be aware that if their needs aren't being met (sufficient clothing, food, school supplies, etc) it needs to be brought up and resolved rather than complained about on the internet.

Question: How do you file an Ex parte motion to modify residential parent status in Ohio? I have searched and searched for a form or an example of how to file this in Ohio, and can't find anything. The Clerk of Courts referred me to the local library and the library had nothing after I got repeated dumb looks from the librarians.

Answer: Try this link

Question: In a shared parenting arrangement, what exactly does (residential parent for school placement purposes) mean? Does it affect custody or where the child resides?

Answer: It makes a difference in where the child registers for school. It does not affect custody, or where the child resides. Determine who has the better school district, then make the selection.

Question: Who has the power to choose a school, residential parent or both parents with Joint Legal The school I enrolled my kids in for Kindergarten is my public school in my district and the only one. My ex wants them to go somewhere else, private, his neighborhood, that is a good 30 min away from where we live. I can't afford the gas to drive them there everyday. Who has the say?

Answer: Normally, education decisions are part of legal custody. Depending on the state, many states are now requiring a parenting plan as part of legal and physical custody. Even if it is not required, many dissolution decrees still include a parenting plan. A parenting plan spells out the exact responsibility for all types of decisions (health care, daycare, education). As such, you should pull out the judgment in your dissolution case and read it to see if it answers your question. If it doesn't, you may want to give the attorney who represented you in the divorce a call to see if he/she can answer your question. EDIT: As to public schools, the primary residence determines the district of residence for your children. However, that only impacts on the right to attend for free. For private schools, residence is normally not the issue (but some church affiliated schools may charge different tuition depending upon membership in the local church).

Question: how can i live with my mom when dad is residential parent? okay, so i've been trying to live with my mom for sometime now...& theres no way my dad is giving in...basically my dad is a control freak & thinks he needs to control every aspect of my life..I absolutely hate being at his house & his wife & her kids...and how they treat me there. & i've told them many times how i've felt. is there a certain age that you can pick which house you want to live at? i also live in ohio if that matters. helpp pleasee.

Answer: I don't know your situation, but given my experience, it seems as if your mom was seen as 'unfit' or something - there has to be a really good reason why your dad was awarded custody. In any case, I'm sure that there's some growing pains you're experiencing as well. You don't like the fact that you're growing up in their household. You have friction with everyone in it - I'm wondering if there's a better way to handle your situation. Explain to your father that you'd like to stay (not 'live') with your mother for a little while to clear up some questions you have in your head. In this way, you're not burning your bridges and you can see if staying with your mother would be best overall. Remember, the grass isn't always greener on the other side. You may have heard of this before but I'm telling you it's the truth. You'll also have enough information to make a sound decision - assuming you're older than 13. You should be grateful that your father is taking as much of an interest in you and your well being because I didn't have a father figure in my life until I was 17. Do you know what it's like to grow up without a father? I don't think so. Be absolutely grateful that you aren't in the streets trying to survive by diving into dumpsters and burying yourself under the trash to keep warm and find food.

Question: non-residential parent and additional tax credit? Can the non-residential parent claim a child for the additional tax credit with the proper signed form from residential parent or as a line 6 exemption only? Thanks. I've looked all over the irs' site and can't seem to find the answer to this. Maybe it's just too early and they aren't using plain enough English for me :P

Answer: whoever claims the child is eligible for all tax benefits including dependent, child tax credit, additional tax credit, etc. see page 21 http://www.irs.gov/pub/irs-pdf/i1040.pdf

Question: What exactly does it mean to be residential parent in shared parenting?

Answer: Kids live with you the majority of the time. Your responsible for the day to day care of them.

Question: Is it necessary to have a Residential Parent? Going through a divorce. We have agreed on shared parenting and shared custodial parenting. Is it a necessity to have a Residential Parent?

Answer: I think it's better for the child. And if you and your ex are agreeing on shared parenting it would be easier if you guys both reside in the same state and even the same city. You two can still share responsibilities and have the other parent cover for you if you are unable to do one thing and vs versa. If the child is pre teen or a teen ager he or she may not want to go back and forth either because at that age... friends are the world.

Question: Should the residential custodial parent ( whom has child 2/3 of the time) be expected to pay child support? Married and divorced in Missourii, reside in Kansas

Answer: I reside in OPKS. I've not seen a case of it here, but I have seen it in other states over the years, but only involving a father who earns more, never a mother. Marcia Clarked earned $180K to Gordon Clark's $40K, but she wanted 50% of his income in child supprt and to pay for the live in, full time nannies she had to hire because she works 16 hour days, 7 days a week.

Question: I am the primary residential parent (not a shared parenting plan). Does that make him non-residential parent? Our papers prohibit a shared parenting arrangement because no proposal was submitted in time. Therefore, I was granted primary residential status. Does this make him "technically" the non-residential parent? I ask because our papers place burden of transportation on non-residential parent. I don't mind picking up kids halfway (though HE chose to move) but he won't commit to times and public locations (domestic violence history). I just want to know if I have authority to choose pick up locations and what to do if he does not arrive in a timely manner.

Answer: Sounds to me like he's not even counted as a parent at all because he didn't submit his proposal in time. Guys a jerk and a court action isn't going to change that.

Question: "Residential Parent" definition in custody terms? I live in Oregon I have found in my papers the following information which is up for interpretation at this point: My papers state the following "Father shall be considered the Nonresidential Parent and Mother shall be considered the Residential Parent." I am the mother. Now, under ORS 419A.004: "Resides" or "residence," when used in reference to the residence of a child, ward, youth or youth offender, means the place where the child, ward, youth or youth offender is actually living or the jurisdiction in which wardship or jurisdiction has been established. Now, does this mean that the child's address is mine? If this is so, would that mean putting child down as a California resident (ie Father is claiming child lives under his residential address) on state Medi-Cal documents is falsifying information? I have the child 51% of the time (Wednesday to the following Thursday)

Answer: That does mean the child's residence is with you. So if Dad is claiming the child lives at his residence, then he is falsifying documents. However, if the child IS actually in the physical custody of Dad more often than mom, then he can claim the child for those purposes.

Question: can we sign an agreed entry to not have the non-residential parent pay child support? Thank you all so far, but, let me more specific. my husband's ex-wife has had custody for 8 years and has been getting child support. She wants to give him custody now, but will only do so if she can put into the agreed entry that she won't have to pay support. Will a court even accept that, or will they make her pay support. Under the current order her share is 93% of the combined income. There is no hearing scheduled, they were hoping to just file the papers without the expense of lawyers, etc.

Answer: Sure, whatever you can agree upon can be included in the legal documents and to be endorsed by the judge. It's your business and negotiations can be private, or with the aid of a mediator, often court-appointed. So long as there's evidence the child(ren)s needs are/will be met, and all parties are in positive agreement, things can go smoothly, without judicial intrusion. However, when parents become argumentive and won't compromise, the judicial system takes over, to provide standardized resolutions to your conflicted issues. Too often, harsh or unwarranted provisions are imposed on feuding parents, with neither side 'winning'. By all means possible, sort out your differences before the courts must do it for you. Not only that, but the sooner that ex's can work towards parental harmony, the sooner the children will stabilize.

Question: Should child support, from both parents, go into a Trust Fund, to which the primary residential parent would ? present evidence that money spent is going to the benefit of the child(ren)? In most states, each parent, custodial or not, is suppose to provide a percentage of their income for the benefit of the child. In Kansas, with parents earning $2000 each, and not taking into account other factors, should be providing $646 of their income for the benefit of the children. That $1332 that would go into the trust fund. Anything left after deducting for expenses would remain in the account, while earning interest, for emergencies and/or college. Evidence would include rent receipts, minus the cost of rent that would be paid normally by a single adult without children. Also a percentage of utilities, as the parent is using them also for their personal benefit. A percentage of food, transportation, and other related costs, that benefits both the parent and the child. A parent would already own a car to get to work, but extra costs, such as a larger car for children, and fuel to take them to school, doctors, etc., would be admissible. Each parent would get a bank statement. The non-residential parent would not see the receipts. The program would be similar to that required by the U.S. Government for parents receiving Social Security Disability children benefit on a parent receiving SSD. Yearly the primary residential parent has to show how the money was spent. This would limit the complaints by the separated parent that the money is not being spent on the child, and would benefit the child in seeing to it that money not spent is saved for their later needs. Where in this question does it say that the separated parent should not pay or pay any less? And why is it assumed that they should pay 100% of the cost of supporting the child? As for time off to take the kids to the doctors when they are sick, I know plenty of separated fathers perfectly willing to do this, but are denied. Poor momma just doesn't pass muster.

Answer: That seems like a good idea....I've never had to experience such situations so I can't talk from experience but what you propose seems workable.

Question: Is it legal for a parent to collect government cash assistance and food stamps? Is it legal for a parent to collect government cash assistance and food stamps if this parent is not the residential parent in a shared parenting agreement? Basically i'm the residential parent of my daughter in a shared parenting agreement and I recently found out my ex is getting cash and food stamps for my daughter and she's not the residential parent. Is this legal in the state of Ohio? Child lives with me most of the time do you always answer a question with a question? :-)

Answer: Depends on where the child lives most of the time.

Question: Can a residental parent get a passport for the child? If a parenting plan specifies JOINT custody with one parent designated as the residential home, is the residential parent able to get a passport for the child without authorization from the other parent? That is good! Do those guidelines apply to 14 year olds?

Answer: No. Both parents must sign for a minors passport.