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If visitation schedule is 49% vs 51% does one parent have more custody or more rights in decision making for the child?

Portland, OR |

every other place states 50/50 % except for visitation schedule. She will not budge on this because she wants claims to the tax credit, she says i don't have to pay for child support since the time is split equal, but because of the 49/51 child support is calculated. When it comes down to it she's all about the money and I just want to be secure with 50% control when it comes down to any major decision that will effect my time with my daughter.

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Attorney answers 2


Who gets the tax credit is subject to negotiation as long as only one of you claims it. If she wants it that bad and will give up child support to get it, well, most men would be delighted with that. In CA where I practice we distinguish between physical and legal custody. You can have equal legal custody which means each parent gets to participate in major decisions about the children no matter what the physical custody works out to. Check with an OR lawyer to see if a similiar distinction is made there.


Decision-making is dependent on custody. If custody is joint - decision making is shared. Otherwise the parent granted sole legal custody has the right to make most parenting decisions. We should talk to see if a custody modification is appropriate.

Mark Kramer
Kramer & Associates

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