Will I Lose Child Custody in Orlando if I Downsize into a Smaller Home?

Many divorcing or separating parents choose to downsize. It’s an obvious choice, especially if you’re suddenly confronted with the loss of your partner’s income. By downsizing, you can reduce costs and face future financial challenges with more confidence. You can also invest any remaining funds (perhaps from a property division settlement) for additional passive income. But could your decision to downsize affect your child custody in Orlando?

Does Florida Consider Parents’ Homes in Custody Battles? 

Yes, family courts in Orlando will likely consider the living situation of each parent when approaching child custody decisions. Parents who want to gain custody of their children should consider Florida’s various “best interest factors.” These are the factors family courts must consider when determining a child’s best interests. All child custody decisions should serve the child’s best interests.

One of the many best interest factors in Florida is the primary residence that the child may need to stay in. Another relevant factor is the amount of time a child has remained within a specific home. Finally, courts consider the physical distance between the parents’ homes – and they generally strive to minimize travel time between the residences.

Downsizing Does Not Necessarily Affect Child Custody 

Based on the aforementioned best interest factors, it is safe to say that the square footage of the home is not the primary issue. Instead, parents may need to accept that the child will stay in the home they are most familiar and comfortable with. This is why parents who maintain ownership of the family home tend to retain primary custody of their children.

However, “winning” the family home does not necessarily guarantee primary physical custody. In some situations, the family home proves to be an unstable or even dangerous environment. The child may have traumatic memories of incidents at the family home, and a new environment could be psychologically beneficial for them.

Even if this new environment is smaller than the original family home, it might be safer and more stable. It might also be free from various distractions, making it easier for the child to complete homework.

It is also worth mentioning that downsizing can improve a parent’s financial stability. Another relevant best interest factor is whether each parent has the financial capacity to actually look after their child. Downsizing may free up more resources for childcare needs. On the other hand, a parent struggling to pay a greater mortgage on a single income could struggle to cover basic essentials like food, clothing, and healthcare for the child.

Can a Child Custody Attorney in Orlando Help? 

A child custody attorney in Orlando may be able to help you pursue positive results. Your decision to downsize shouldn’t affect your ability to spend time with your child. As long as your home is stable and safe, you can pursue a fair child time sharing plan that serves everyone’s best interests. To learn more about complex child custody issues, schedule a consultation with Steve Marsee, P.A. today.

Sources: 

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html

finance.yahoo.com/news/dave-ramsey-3-financial-benefits-120052698.html