Ties to Home School and Community
A divorce is a traumatic event for any child, and this is a period of considerable change. For these youngsters, it can feel like their whole world is being torn apart. As a result, it should come as no surprise that family courts in North Carolina try to limit these changes as much as possible. The last thing a child needs is to lose their family and their home at the same time. But what does this mean if you do not have ownership of the family home? Does this automatically mean that you will lose custody? How can you maintain your child’s ties to their school and community while simultaneously moving out and starting a new life?
This is a relatively common issue for many parents in North Carolina, and if you find yourself dealing with a similar concern, you might want to get in touch with a family law attorney in the Tar Heel State as soon as possible. With help from one of our lawyers, you can learn how your child’s ties to their local neighborhood may affect your custody battle. During a consultation with a family law attorney, you can ask as many questions as you would like and receive personalized legal advice. From there, you can move forward and approach your custody battle with confidence.Why You Might be Forced to Move Out
There are a number of factors that can force a parent to move out of a family home – often against their will. Since the family home is often the most expensive asset in the family’s estate, both spouses tend to fight to keep ownership. Unfortunately, only one spouse can realistically continue to live in the home – which means at the end of the day, someone is going to have to move out.
The process of determining who gets the family home depends on a number of factors, including whether a spouse owned the property before the marriage. In some cases, spouses may choose to move out of their own free will. Maybe they believed that this was best for the children, as it minimized conflicts that they may witness. Perhaps they were unable to live alongside their spouse due to alleged marital misconduct that was occurring. In some cases, spouses may be forced to leave their homes due to false allegations of domestic abuse and other misconduct, resulting in a temporary restraining order.If You Get the House, Do You Automatically Get the Kids, Too?
It is true that a spouse who maintains ownership of the family home has a higher chance of retaining primary physical custody of the children. This is because family courts aim to keep children in a familiar location whenever possible, and leaving the family home can cause unnecessary stress. You might think that this is unfair, but it is the reality of the situation.
That being said, it is worth mentioning that this is only one of many factors that North Carolina family courts take into account when making custody decisions. There are many other factors that may be considered, such as whether each spouse has a history of domestic abuse or substance abuse.
In fact, there are many instances in which the parent who is forced to move out of the family home may still succeed in retaining primary custody of the children. If, for example, your spouse made false accusations of you and forced you to leave the family home, family courts may view this as a bad sign and award primary custody to you instead. It all depends on your choice of divorce attorney and the unique circumstances at play.
Of course, there are also situations in which both parents may lose the family home. Sometimes, family courts force spouses to sell the home and split the proceeds. In this situation, the home has no effect on the custody arrangement. As a general rule, it might be a good idea to stay within the same general neighborhood if you are forced to move out.Enlist the Help of a Qualified Attorney Today
If you have been searching the North Carolina area for an experienced family law attorney, look no further than Arnold & Smith, PLLC. Over the years, we have helped numerous spouses in the Tar Heel State, including those who have been forced to move out of their family homes due to a divorce. Losing your family home does not necessarily mean that you automatically lose your children, as well. Book your consultation today, and you can get started on an effective action plan right away.