06 Dec 18

How will it affect custody if I live with my parents?

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A divorce can be complicated by several matters. One of the most important are that of any children involved in the marriage. One parent may bring a child to the marriage that they had with another partner. However, that child may be living with the biological parent and the stepparent for many years. The couple may have decided to have one or more children together. The children’s ages may also be a consideration. Parents can have children ranging in age from babyhood to those in college. A divorce can be an expensive but necessary solution if the couple is unable to work out their existing issues together. One party to the divorce may find they have vastly increased expenses because they must maintain a separate residence. They may also find they have less income because they need to pay for certain other expenses that were otherwise covered such as their health care costs.

Moving In

One way to save money in the aftermath of a divorce is to move somewhere with reduced costs. Many parents are happy to help out their grown children. Moving back home often means reduced housing costs as well as help in other ways. A parent can help the adult child get back on feet both financially and emotionally. While a parent is a great resource for an adult child, some people who are undergoing a divorce may be worried that doing so can have unexpected costs. They may be worried about how this will look when it comes to any kind of childcare and custody arrangements as the divorce proceedings. Many parents are concerned that this may indicate to others that their living situation and finances are unstable in some way. It’s a good idea to be aware of such issues before working out any custody arrangements. Making all financial and living arrangements clear from the start can indicate to the courts that the parent is not hiding anything and has been up front about their living arrangements before the process of deciding on custody even begins.

The Best Situation

Judges take many factors into account when deciding on what kind of custody arrangements are in the best interest of all children involved in the divorce. Merely because one party has more money does not mean they will automatically get sole custody or primary custody. A judge will also look at where the child lives in relation to their present schooling situation. If a parent lives with their children in their parent’s house and it has a better school district or the living arrangement allows the children to continue attending their present school, living with parents may actually be a factor in the parent’s favor. On the contrary, if the parents are far away from the present school or out of the district entirely, this may not be looked upon favorably. The judge may prefer to let the other parent have primary custody so that the children can continue attending the schools they like best.

The Living Circumstances

A judge will also look closely at the exact living arrangements at a grown parent’s home. If the parent is sleeping on the sofa and the kids are sharing beds with others, this may be seen in a negative light. However, if there’s a group of designed rooms designed solely for use of the grown child and their own children, this can be seen in a favorable light. For example, if a grown child and their children have an entire basement to themselves, this is seen as just as fine as if they were living in a private home or apartment. The same is true of other factors such as the ability of the grandparents to provide additional funds for their grandchildren. If a grown parent can offer lots of fiscal help such as help in attending a good private school, a judge is likely to see this as a plus when determining custody arrangements.

Overall Stability

While all such factors play out in custody cases, what judges are ultimately looking for are stable arrangements. If the grown child moves back home with their own kids, it may be best to get every single thing in writing. This means how long the children can stay with the grandparents as well as any kind of money that must be paid for room and board. Contacting a lawyer can help sooth over any potential issues and show great overall parental stability.

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