The Family Home And Child Custody: What To Know

Law Blog

Divorce can trigger the need to make some very big decisions. Some of them could affect child custody matters and issues surrounding the family home. What you do or don't do when it comes to the home where your children have been living could have major ramifications on your divorce. Read on to find out more.

What the Family Home Means to Child Custody Issues

When it comes to matters affecting a child under the age of 18, the law sides with what is best for the child. In many cases, that could mean the parent living in the family home will be awarded custody if a judge had to decide on it. After all, divorce is a stressful time for everyone, including the children. Stability and security can be threatened as the child witnesses their parents living apart. Staying in the same home that they are used to can help them cope better with the divorce. Familiarity with the neighborhood, the school, and nearby friends can help children deal with other changes that they cannot control.

When You Must Move Out

It's not always possible to remain in the family home no matter how much you would like to do so. However, speak to a divorce lawyer if you are being forced out of the home for any reason. You may have a right to remain in the home even if your name is not on the lease or on the deed. If you are being threatened, speak to law enforcement about a restraining order. You will be able to not only remain in the home for the duration of the order, but you can do so without the party who is causing problems for you and your child.

If you must leave the home for other reasons, however, there is still a lot you can do to protect your custody rights:

  • If you leave the home, see a divorce lawyer and have a legal separation agreement drawn up. That protects you in case your spouse accuses you of abandonment of the home. It also can contain provisions to order spousal support, child support, and temporary child custody orders.
  • Never, unless you have no choice, leave your child behind in the family home. If you do have to leave them, see them often and keep up with how often you do so. If you are denied time with them, speak to your lawyer about a visitation agreement.

Speak to an attorney who specializes in family law to find out more about child custody and the family home.     


23 February 2022

family law - impacting your life

Just as there are laws to protect us on the roads, there are laws to protect our families. Whether you are fighting for the right to see your children, or are in the beginning stages of a divorce, a lawyer can help. There are many laws and stipulations that can have a serious impact on the outcome of any family legal situation. Having a lawyer working at your side to get through a difficult time is the only way to ensure that your rights are fully protected. On this site, you will learn about some of the family laws that could be impacting your life today.