So you are thinking of separating. Perhaps things are so bad between you and your soon to be ex that you simply cannot take it anymore and are vacating. Before you make that option you ought to completely comprehend that if you leave the home and the children behind, you are establishing a new status quo which may not be to your advantage in the occasion you apply for divorce. If the spouses are separated, a judge will take a look at what the both parents have actually been doing while separated and ask if it is working. The status quo sets a precedent and judges want to keep a status quo that is working, it does not matter always that you don't like it. There are two major issues which people should think about before they separate and move out of the family house.
How the Status Quo Impacts Ownership of the Home in a Divorce
If you move out of the marital home upon separation, it may later on impair your chances of being awarded ownership of the marital house at a later time throughout the divorce. Let's say your partner is driving you nuts and refuses to leave the house, so you decide to go find your own apartment or condo and vacate thinking you will simply later battle to get back in the home after you declare divorce. This is not a good tactical plan because the judge might simply take a look at the situation and state, "well why would I award you possession of the marital home when you have currently moved out and developed a different home?" When a brand-new status quo has been established, judges are often reluctant to change things.
How the Status Quo Impacts Child Custody and Visitation
The term "status quo" refers to the current arrangement between the parents and kids regarding kid visitation and custody. The status quo typically impacts court choices relating to these issues. The following is a summary:
- Whatever the current status quo is between the parents of the child might remain the status quo during a child custody case. This suggests that if the moms and dads have agreed upon a visitation schedule for a considerable amount of time and it seems to be working well, the judge may utilize this schedule as the basis for ongoing custody arrangements.
- In some situations, however, the court will not follow the status quo. This is true when one mom or dad is disappointed by the current visitation arrangement and can demonstrate a great reason that it must be changed.
- If you are the mom or dad who is happy with the status quo and the other mom or dad is asking for a modification, you will need to promote to the court regarding why the existing plan should not be altered.
- If you are the mom or dad who is disappointed with the status quo visitation plan, you need to show the court why this arrangement is not in the kid's benefit.
- Courts are more likely to alter the status quo arrangement in cases where it has actually been a short-term change from how visitation used to be dealt with between the mom and dad, or in cases where the arrangement was required upon the kids over the objection of one parent.
What Does "Anticipation in Favor of the Status Quo" Mean in a Kid Custody Hearing?
All kid custody determinations need to be made in according to the best interests of the kid. In a lot of cases, it is usually in the very best interests of the child not to disrupt existing custody plans unless it is absolutely essential.
For that reason, judges nearly constantly choose to protect the status quo in any kid custody hearing. The reason is that the kid might have already gotten used to the existing adult plan.
When Can the Status Quo Be Altered or Altered?
Of course, the reason child custody hearings are submitted is generally since the present custody plan may not suitable for the child. A judge might choose to change, modify, or disregard the status quo when:
- The child or kids would gain from a brand-new custody determination
- Either parent has actually committed abuse, violence, harassment, or other infractions versus the kid
- Upholding the status quo would not be useful for the kid (for example, if just one parent wants to actually move or has recently been moved) for work
- A change in custody is required by law (for example, if a new statute has actually been provided by the state which impacts custody rights)
- For that reason, a judge will think about the entire circumstance surrounding the child when identifying custody. This may lead to the parents needing to alter an existing, casual custodial plan so that the kid's requirements are much better served
About the Author
David Pedrazas has been recognized as Salt Lake City’s bestdivorce attorney by many associations year after year. Since 1998, he has
settled over 1,000 cases and won multiple awards for his excellent trial record.
