How is the primary residence determined?
Whenever there are children involved in a divorce, the Court will make a determination of which parent will have the exclusive right to determine the primary residence of the children, unless the parties agree otherwise. Normally, the court will consider the history of the parent-child relationship, duties, and responsibilities, and the overall best interest of the children when making this decision. The parent that is awarded the right to determine the primary residence of the chidlren, usually has possession of the chidlren during the week and receive the child support from the other parent. On the other hand, the parent that is not awarded the right to determine the primary residence of the chidlren, usually has possession of the chidlren pursuant to the standard visitation schedule and is responsible for paying child support to the other parent.
