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RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 13883
Experience:  Experienced in multiple areas of the law.
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Ive just been served papers and cense my wife filled first I

Customer Question

ive just been served papers and cense my wife filled first I have to leave the premises. I have a 16 yr old daughter that wants to live with me in the house. my wife has allowed her to go with me the last 2 days and I want to no can she pick me and can I get the house back . the house in my name all the bills are in my name and and Ive payed all the bill cense we got the house
Submitted: 1 year ago.
Category: Family Law
Expert:  RobertJDFL replied 1 year ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to assisting you this evening.

A minor does not to decide which parent they wish to live with. While at 16, the court will give serious consideration to her wishes, it is not binding on the court. Instead, the judge will make that decision (assuming you and your spouse cannot agree) based on what they believe to be in the best interest of the child. In doing so, they look at a number of factors, such as who the primary caregiver is, who is best able to support and care for the child, the physical health of the parents, whether there has been any history of violence or abuse, which parent is most likely to foster a good relationship with the non-custodial parent and child, and so forth.

If the home was purchased during the marriage, it is subject to division in a divorce, even if you were the one making all the payments on it. Again, in the absence of agreement between you and your spouse, the court will look to do what it fair between the parties. Where the parties don't agree on who gets the house, normally a court will order it sold and the proceeds divided. You might agree to keep the house, but give your wife her share of the house's value in other assets.

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