Law Office of Roland R. Esparza, P.C. - San Antonio Personal Injury Attorney

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Local Calls 210.807.8158

Hablamos Español

Make Payment Lawpay

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Living with children may affect child custody claim

When two people file for divorce in San Antonio, it is usually common practice for one of them to leave the home that they have shared while they were married. After all, that is sort of the whole point of divorcing someone, to get away from the, right? In cases where the couple has children, this actually may not me such a good idea. This is especially true if both partners are seeking primary custody of the children.

Some legal professionals now advise their clients to remain in the home until the divorce is final and child custody has been decided. The reason for this is that the process of going through a divorce can take quite a bit of time and if one parent is away from the home and is not being the children’s primary caregiver, that fact can work against him or her in court.

This may explain why celebrity couple Bethenny Frankel and Jason Hoppy are still living under the same roof even though they are going through a divorce. The two have a two-year-old daughter together and both are going after primary custody of the toddler. Either one of them may worry that leaving the home could indicate that they have left the child and have a lack of interest in her everyday life.

If you are considering a divorce, it is important to speak with an attorney before you do anything. A lawyer can advise you on the best way to proceed given your specific circumstances. 

Source: Forbes, “Should You Move Out Of The Marital Home? Learn From Divorce Attorneys, Not The Tabloids,” Jeff Landers, June 11, 2013

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Law Office of Roland R. Esparza, P.C.
325 S Flores St.,
San Antonio, TX 78204

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