713-333-4430Texas Divorce and Custody: Is It Better for Kids of Divorce to Stay in the Same Family Home?
Divorce can be a tough transition for everyone involved, but when there are children in the situation, it becomes even more delicate. One of the most impactful determinations parents face during a divorce is where the kids should live. Should they stay in the marital home or move to a new place? For parents in Texas, this question becomes particularly significant as custody agreements and parenting plans enter the scene. Exploring the deciding factors and Texas family court perspectives is an excellent start to making an educated decision toward the best outcome. Our team of Texas child custody attorneys is here to guide you through the complexities of custody agreements, ensuring that every decision is made in the best interest of your children.
The Benefits of Remaining in the Marital Home
Stability and familiarity are at the top of the pro column when weighing the negatives and positives of staying or leaving the marital home. For children, divorce can often represent a period of instability, change, and disruption. Suddenly faced with a new dynamic, keeping other aspects of their life as normal as possible can be critical to their social-emotional development and well-being. When children stay in the house they’ve always lived in, the key advantage is stability. Routines can remain relatively unscathed.
Of course, children still may be subject to all the feelings that come along with divorce. Still, they get to go through the transition and possibly even stages of grief associated with the separation while surrounded and cushioned by the people, places, and things they know and love. The marital home is more than just a building; it’s a place filled with memories, safety, and a sense of normalcy. Their bedroom, favorite spots in the house, and everyday surroundings offer comfort in the face of uncertainty. Plus, staying in the same house usually means that they are in the same neighborhood, going to the same school district, and participating in the same social circles, providing further continuity in their young and developing lives.
Next, of course, comes emotional security. Divorce can be emotionally challenging for children, often causing them to feel insecure about their place in the family. Keeping them in a familiar setting can create a sense of permanence, reducing anxiety and stress levels, which can be detrimental when accelerated by an upsetting event like divorce. When children feel secure in their environment, they are more likely to cope better with the challenges presented by changes in family dynamics.
Lastly, academic consistency is another benefit of not entirely uprooting during divorce. A child’s educational pursuits can be challenging without the added stressors attached to moving, saying goodbye to their childhood home, and potentially their school if the family moves out of the district. Relocating can generate academic turmoil, while staying in the marital home translates to preserving their current school enrollment and bonds with teachers and classmates, positively impacting their academic performance.
When Moving Might Be Necessary
While there are considerable benefits to keeping children in the marital home, it’s not always practical or feasible. Financial circumstances, job relocations, or other factors might necessitate a move. The Texas family court’s system recognizes that each family’s position is a unique one. Thus, they may approve certain modifications to parenting plans if a change in residence is in the child’s best interest. If keeping the marital home is financially untenable, parents might have to consider selling the house and moving to more affordable accommodations. In such instances, it’s essential to approach the situation with a game plan that ensures your children’s needs are met, and they can adapt to their new environment as smoothly as possible.
How Texas Custody Agreements Can Influence the Decision
In Texas, the court’s purpose will always be to act in the best welfare of the children involved when reviewing custody arrangements. Typically, parents enter into a joint managing conservatorship (JMC), which concerns both parents sharing the rights and duties of raising the child, even though the child may primarily reside with one parent. The parenting plan will often specify where the child will live. Further, it can sometimes include limitations on things like relocating. When building a parenting plan, parents must work together and consider the importance of stability and continuity in a child’s life. Working with a Texas child custody lawyer can help ensure that the parenting plan reflects the best interests of the child while navigating the complexities of the legal process. If both parents agree that staying in the marital home is the best option for their child, then this can be worked into the parenting plan. However, if one parent needs to move, they will generally need to go through the legal process to modify the custody order. In such cases, consulting a child custody lawyer is essential to make sure the custody order modification is handled smoothly and in accordance with the law.
Should You Keep The Marital Home? Questions to Ask
- Can You Afford to Keep the Home? Staying in the marital home may be ideal, but it also needs to be financially feasible. The parent who wants to keep the home may need to sit down and assess whether they can actually afford the mortgage, taxes, and overall upkeep of the property all on their own. In some cases, it may make more sense to sell the home and use those proceeds to provide a more financially comfortable living situation for all of the parties involved.
- Is There an Upside to Moving? Sometimes, moving presents new opportunities. For instance, if relocating allows the parent to secure a more prosperous job or live in a neighborhood with a better school system, those benefits outweigh the comfort of staying in the same home. Additionally, if the marital home has become a source of stress due to painful memories, moving to a new place can be a blank slate or a fresh start for both parent and child.
- How does the child feel if the child is old enough in Texas? The court will consider the child’s input for minors 12 or older. The court will hear the child’s opinion. Children firmly attached to their current home, school, and community might prefer to stay, which can be a critical factor when determining whether remaining in the marital home is a benefit.
Moving Forward: Prioritizing the Child’s Best Interest
Ultimately, the decision to stay in the same house after a Texas divorce hinges on not one but multiple elements: financial feasibility, parenting plans, arrangements, and, most importantly, the best interest of the children. Additional considerations, such as relatives in the area, gifted and talented programs, athleticism, and more, can also influence this meaningful decision. Sometimes, both parents rely on a particular relative for school pick up and drop offs due to work schedules. Alternatively, a move may be necessary to move closer to extended family for support during the divorce or assistance with childcare. Parents should approach these decisions with the utmost care, consulting legal advice to understand their options within the Texas family law’s legal framework. Your child custody attorney can ensure your perspective is represented, assist in mediation and negotiations, establish a fair timetable for joint custody, and more. Contact an experienced Texas child custody law firm at 713-333-4430 to schedule a confidential consultation. Regardless of the decision to stay or leave the family home, the key focus should always remain on what will provide the children’s most secure, loving, and supportive environment at the heart of these matters.
Attorney Kevin Hunter at Boudreaux Hunter & Associates, LLC has experience with child custody, spousal support, high conflict divorce, and is fully equipped to guide you through the process. Learn more about Kevin on his profile here.
