My mom and stepdad got divorced years ago and she got custody and she kept the house (which she paid the down payment for and has paid the mortgage on for the last 6 years). My stepdad wants custody of my brothers because they are failing in school, and my mom is willing to give him custody so they can go to a better school but is afraid if she gives him custody he will try to take the house from her in court. Will a court allow something like that to happen? We live in Utah, and my stepdad has paid child support of about $500 a month for the last 6 years. He did not put any money into the house initially, but did pay the mortgage for the 3 or 4 years he lived there while he and my mom were married. Does he have any interest in the house?
2007-10-30 14:39:01 · 9 answers · asked by lulu22785 2 in Family & Relationships ➔ Marriage & Divorce
There is a big difference between true "custody" and being the custodial parent. Typically in a joint custody situation, the parent they live with is the custodial parent. If your mother has "sole custody", she is crazy to consider changing that - she will never get it back once that is done. If she agrees that the boys should live with their father, she shouldn't lose the house. The house is a separate part of the divorce decree and if she owns the house by herself, your step-dad would have had to sign it over to her via "quit-claim deed". That means he gives up all rights to the property. If the boys move in with him, your mother will lose the child support for them.
2007-10-30 17:13:16 · answer #1 · answered by Mrs. Goddess 6 · 0⤊ 0⤋
You say your mom is willing to give him custody so the boys can go to a better school. Where I live, kids have to go to school in whatever district they're living in. I don't know what the rules are in your area, but if they are similar, then they would be living in a different part of town so they can go to the better, or more advanced school. Therefore, it would make no sense for your father to take your mother's house. One thing has nothing to do with the other, anyway. You may want to consult an attorney to check on the legal issues that are involved, but usually in custody cases, neither parent is forced to leave their own homes. Have you discussed this with your stepdad? Has he expressed interest in your mother's house? These are things you have to ask him. We have no way of knowing that. But good luck to you!
2007-10-30 15:00:53 · answer #2 · answered by gldjns 7 · 0⤊ 0⤋
If they are already divorced, and she was granted the house in court already, then no...he cannot touch the house now. It's been her sole property for six years. The child custody issue does not re-open property division issues. She's clear.
2007-10-30 14:53:17 · answer #3 · answered by Anonymous · 0⤊ 0⤋
that would probably never happen and she gets to keep the house but when the papers are drawn up for the custody it could be written in there that he pays no more custody payments and she keeps the house, if that would make her feel any better about that.
2007-10-30 14:51:20 · answer #4 · answered by Al B 7 · 0⤊ 0⤋
the only way he can get it is if the courts gave it to him when they got a divorce.. if shes the sole person on that house he cant get it just coz he will have the kids. but she might have to pay him child support if he pushes the issue. if he tries to pull stuff on her then she will need to get a lawyer and take it from there.. good luck
2007-10-30 15:14:37 · answer #5 · answered by Kat 5 · 0⤊ 0⤋
If the house was not mentioned or was awarded to her in the divorce decree, it cannot be taken away now. She will likely be made to provide the same child support (more if she makes more than your step dad) to provide for the children.
2007-10-30 14:48:24 · answer #6 · answered by MJ 6 · 0⤊ 0⤋
Getting custody has nothing to do with getting the house.
2007-10-30 14:42:26 · answer #7 · answered by Anonymous · 0⤊ 0⤋
if she's been living there and paying for the house i doubt a court would grant him any rights. that would be ridiculous.
2007-10-30 14:43:48 · answer #8 · answered by marinate 2 · 0⤊ 0⤋
I would say not but make sure you consult a lawyer.
2007-10-30 14:53:13 · answer #9 · answered by missie_d_73 3 · 0⤊ 0⤋