Custody and Moving: Key Factors that Determine Home Suitability

Most people assume once custody is granted that is the end. While this is usually true, there may be cases where the process of custody and moving involves an investigation into the suitability of the environment. We don't usually think of this as being part of divorce, but there are circumstances under which it may become necessary. Some of those conditions might involve the following: • There is a disagreement over custody of the children: the court may choose to evaluate both homes to determine which is the most suitable. • There is a question about the suitability of the home of the party seeking custody. • The children are currently in the custody of the state or under state supervision due to problems in the current home situation. • The children have had problems in school or personal relationships due to current circumstances in the home.rnWhile most of the issues involve the couple, when the state is involved it can become more difficult and detail oriented to fix. The state is involved because there were problems in the home, and before they will allow the children to return to the custody of either parent, they need to make sure the environment is suitable. If you do not have custody of your children prior to your divorce, you must prove to the court that the circumstances that led to the removal of the children from the home is no longer in existence. One of the most common circumstances is physical or sexual abuse—the child is removed from the home and the mother is given an option to regain custody of the children as long as the father is not in the home. rnWhile custody and moving are very essential decisions for both the court and parents to make during divorce, there are times when the court or even the state must intervene. The key issue is what is best for the children, and it is not always the mother that can provide the healthiest environment. In some cases the divorce is so bitter and troublesome that neither parent is in an emotional state to provide the nurturing the children need at that time, so another relative may need to step into the picture. However, this is a situation that doesn't occur all the time, so it is unnecessary to dwell on it in great detail.rnIf you have always remained home to take care of the children, the divorce may result in custody and moving issues which may in turn result in the need for you to prove you have the financial resources to care for the children. Do not assume you must have your own home; if you are forced to move in with relatives, it is still suitable as long as there is room in the home for you and your children. While a separate room for the children is preferable, if the room is big enough and they are the same gender, there will not be a problem. For different genders you have the option to share a room with the boy or girl of your gender—this is not as essential when the children are very small.