Legal Definitions - shared residency

Shared residency refers to a legal arrangement, typically established by a court order or parental agreement, where a child lives with both parents for substantial periods of time following their separation or divorce. This arrangement acknowledges that both parents play an active role in the child's daily life and upbringing, even if the time spent with each parent isn't precisely equal. It focuses on the child's physical presence and care in each parent's home.

Here are some examples illustrating shared residency:

• Example 1: Weekly Rotation

  A divorced couple, Sarah and Mark, live in the same neighborhood. Their court order specifies that their daughter, Emily, lives with Sarah from Monday morning until Wednesday evening, and then with Mark from Wednesday evening until Friday evening. They alternate weekends, ensuring Emily spends significant time living in both homes.

  How this illustrates shared residency: This arrangement clearly demonstrates shared residency because Emily regularly spends substantial portions of her week living in both Sarah's and Mark's homes. Both parents are actively involved in her daily routines, schooling, and care within their respective residences.

• Example 2: Bi-weekly Schedule

  After their separation, David and Lisa agree that their son, Ben, will live for two consecutive weeks with David, and then the following two consecutive weeks with Lisa. This schedule rotates consistently throughout the year, ensuring Ben has a primary residence with each parent for defined periods.

  How this illustrates shared residency: This is a form of shared residency because Ben regularly resides in both parents' homes for extended, predictable periods. This ensures both David and Lisa are actively involved in his day-to-day life, providing a primary residence and care for him at different times.

• Example 3: Seasonal and Holiday Focus

  Maria and Carlos live in different towns but have a shared residency agreement for their children, Sofia and Leo. During the school year, the children live primarily with Maria. However, they spend all major holidays (e.g., Thanksgiving, Christmas, Spring Break) and the entire summer vacation living with Carlos.

  How this illustrates shared residency: Even though the weekly schedule during the school year is not 50/50, this still constitutes shared residency. Sofia and Leo spend substantial, defined periods of time living with Carlos, establishing his home as a significant residence for them alongside Maria's. This demonstrates shared responsibility for their physical care and upbringing over the course of the year, particularly during extended breaks.