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Legal Definitions - shared residency

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Definition of shared residency

Shared residency is a term used in family law to describe a custody arrangement where both parents share the responsibility for and authority over the child at all times, although one parent may exercise primary physical custody. This is also known as joint custody.

For example, if a mother has custody during the school year, and the father has custody during the summer vacation, this is a shared residency arrangement. In most jurisdictions, there is a presumption that joint custody is in the child's best interests, unless there is so much animosity between the parents that the child will be adversely affected.

Shared residency involves both parents consulting and sharing equally in the child's upbringing and decision-making about upbringing. This means that both parents have rights, privileges, and responsibilities, although physical custody is usually given to one parent.

Overall, shared residency is a way for both parents to remain involved in their child's life and upbringing, even after a divorce or separation.

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Simple Definition

Shared residency, also known as joint custody, is when both parents share the responsibility for taking care of their child. This means that both parents have a say in important decisions about the child's life, like where they go to school and what kind of medical treatment they receive. Sometimes one parent has the child more often than the other, but both parents still work together to raise the child. This is different from sole custody, where only one parent has control over these decisions. A court may make a custody determination to decide which parent will have custody of the child.

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Ethics is knowing the difference between what you have a right to do and what is right to do.

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