Your Child's Ties to Home, School, and Community: How They Affect Custody

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. 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

Parental separation or divorce can often lead to one of the parents being forced to leave the family home. This can be a difficult and heart-wrenching decision to make, especially when both spouses want to retain ownership of the family home. However, in most cases, only one spouse can realistically afford to continue living in the property.

The family home is often the most valuable asset in the family's estate, which is why it's so essential for both partners to fight for it. It's not just the monetary value that's at stake but also the emotional attachment that both partners have to the property. The spouse who moves out of the home may feel like they're losing a part of themselves, and this can be particularly difficult if they have children.

It's important to note that there are several factors that can force a parent to move out of the family home. It could be due to financial constraints, the need for a change of scenery, or even a job opportunity in a different city. Whatever the reason, it's crucial to approach the situation with sensitivity and understanding, especially when children are involved.

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?

Typically, the spouse who keeps the family home has a better chance of being granted primary physical custody of the children. The reason behind this is that family courts try to maintain a familiar environment for the children, and uprooting them from their homes can cause undue emotional strain. Although you might believe this to be unjust, 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.

There are situations where the parent who is asked to leave the family home can still get primary custody of their children. For instance, if your spouse falsely accuses you and forces you out of the house, the family court may see this as a negative and give you primary custody instead. It all depends on your choice of divorce lawyer and the specific circumstances of your case.

Of course, there are also situations where both parents may lose the family home. Sometimes, family courts force spouses to sell the house and split the proceeds. In this situation, the home has no effect on the custody arrangement. As a general rule, staying within the same general neighborhood might be a good idea 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 by scheduling a consultation and letting us help you navigate your family law case.