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Where Should I Live

The question of where to live has a number of facets. For example:

  • With the Children. Wherever you live, it is important to be the one living with the children. This matter is often decided at the first separation, and it is tempting to think of this first quick decision as not bearing on the well-thought-out final decision. But arrangements have a way of crystallizing, and the status quo has a significant impact on the judge. So if you can at all manage it, it is good to live with the children while the divorce is pending.
  • In the home. It is good to live in the marital home while the divorce is pending. Judges like to see the children remaining in the home, and if you are there it makes it more likely that the children will live there with you.
  • In the same town. Judges like to see children keep their friends, schools, teachers, and so on after the divorce. If you are planning on moving away, this is something you might want to defer for some time until after the custody determination. Of course, your spouse can always ask the judge to change custody when you move, or ask the judge to prevent you from moving. But if you get custody in the first instance, you're ahead of the game.

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Last Update Dec 22, 2008
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