Legal Definitions - residential time

Residential time refers to the specific schedule that dictates when a child lives with each parent following a separation or divorce. It outlines the periods during which a child physically resides in one parent's home versus the other's, including regular weekly schedules, holidays, and vacation periods. This term is often used in court orders and parenting plans to define each parent's share of physical custody.

Here are some examples illustrating residential time:

• Example 1: Weekly Schedule

  A court order specifies that during the school year, the children will live with their mother from Monday morning until Friday afternoon, and with their father from Friday afternoon until Sunday evening. This arrangement clearly defines the residential time for each parent: the mother has residential time during the weekdays, and the father has residential time during the weekends.

• Example 2: Holiday Schedule

  A parenting plan dictates that the children will spend Thanksgiving break with their father in even-numbered years and with their mother in odd-numbered years, while Christmas break will alternate in the opposite pattern. This provision establishes the residential time for specific holidays, detailing which parent the children will live with during these important annual events.

• Example 3: Summer Vacation

  A divorce decree states that for alternating years, one parent will have the children for the first half of the summer break (e.g., June 1st to July 15th), and the other parent will have them for the second half (e.g., July 16th to August 31st). This outlines the residential time for an extended period, ensuring both parents have significant time with the children during school holidays, even if their regular weekly schedule is different.