Divorce generally requires that spouses separate the lives that they previously shared. That process often begins with one of them moving out of the marital home. In some cases, both spouses have to relocate because neither can afford the house or rental property where they lived during the marriage.
Separate households help people feel independent and empowered as they rebuild their lives after divorce. However, they create a variety of unique challenges, including the need for both houses to offer appropriate accommodations for any shared minor children.
Divorcing parents may both need to find homes that offer them enough bedrooms to accommodate their children and may keep their children in the same school district. They may find themselves disagreeing about which home should be the primary residence of the children.
How can families settle disputes about the children’s primary residence when parents divorce?
The parents can decide together
Cooperation and compromise can lead to better outcomes when parents separate. They can take control of the situation and negotiate terms that truly prioritize the best interests of their children.
For example, if only one parent can find housing in the same school district, both parents may agree that using that address as the primary residence is the best option. Parents can create a customized breakdown of parenting time and legal authority that works well given their unique family circumstances.
Judges can settle major disputes
Custody matters can be deeply emotional for divorcing parents. Even if parents can set their emotions aside, they may disagree at a fundamental level about what is actually best for their children. In those cases, they may need to pursue a contested or litigated custody case.
A family court judge can review the situation and establish a custody order that is in the best interests of the children. Factors including the stability of the parents, the relationship that the children have with each parent and even housing arrangements for each parent can influence how a judge divides parental rights and responsibilities in a contested divorce scenario.
Occasionally, parents struggling to reach custody arrangements may need the support of outside legal professionals, and that’s okay. Learning more about how the courts handle contested custody cases might make it easier for parents to compromise with each other. Parents either need to agree on custody matters or prepare to take their issues to family court.