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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
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I am getting ready to tell my husband I want a divorce. He ...

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I am getting ready to tell my husband I want a divorce. He drives 4 hours to and from work every day, and I spend most of the time with our 15 year old son. Would I be granted physical custody and get the house even though my husband makes the house payment?
Submitted: 8 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 8 years ago.
These issues are determined on a case by case basis. In general the parent who has been responsible for the child's daily parenting needs is typically awarded primary custody of the child. Additionally if appropriate for the child's well-being, the court has the discretion to allow the custodial parent and child to live in the family home while the child is still a minor and can then make a separate order that the property be sold once the child is an adult. The court can also have the non-custodial parent pay the mortgage if this is economically feasible for the non-custodial parent.

When you file for divorce in your petition you will need to make these requests for the court's consideration as this is not an automatic provision but decided by the judge.

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