I am about to get divorced and i have joint legal and physical custody of my daughter.

Additional Information:

she wants her primary residence to be with her for school purposes. does that make a difference at all.  i am worried if she want to move out of state this will make it easyier for her to do this

ATTORNEY ANSWER:

You should make sure the divorce judgment or agreement says that you have joint legal and physical custody, that is the crucial language. Most schools that I am aware of do not require a primary residence for the child for school purposes. Sometimes I include this language in my agreements so that the child can remain in a particular school or school district, but it is otherwise not necessary. If you agree that your child should continue to go to school in a town or district where your spouse lives then it makes sense to include that language, otherwise if you both live in the same town or district or the child goes to school in your town or district, then that language is not necessary or should say you are the primary residence. The mere fact that that one party is listed as the primary residence will not make it easier for that party to later move out of state or get full custody later. By statute your spouse would not be allowed to remove your child from the state without your consent or court order. Congratulations for getting shared custody.

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