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Q– I have joint legal custody of my daughter with her father. I have been confused if I am the primary parent, since the order doesn’t say that I am. I have my daughter 209 overnights and the father has her 156 overnights. I have her Friday overnight to Monday overnight and tak her to school Tuesday plus 2 overnights during the week. He has her Thursday overnight until Sunday evening. We both have 2 nights overnight during the week. Does that make me the primary? The order doesn’t state it.
A- Assuming the math is correct, you would have de facto primary custody. Nevertheless, if you want a clearer order, file a Modification Petition. Call a Westchester Child Custody Attorney for more info.
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