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Will my son stay with me or his dad?

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  • Will my son stay with me or his dad?

    I am in the process of getting a divorce and I have a 6 year old son, his dad has 2 kids from another marriage and my son and his youngest are very close. Ryan (lets call him) acts like a big brother to my child Harry, and I have been very close with Ryan in the past, as I have seen him grow up.
    The family home is a 5 bedroom house, which is heavily mortgaged and if it were to e sold we would make 55,000 on the property, which would then be divided between myself and my husband. Is the court likely to order the family home be kept and give residency to my husband over my son to keep the children together? Ryan and Michael go to the same school and so there will be less disruption keeping them together to their lifestyle, and I would order a SRO (Shared Residency Order). Although I'd much prefer having Harry live with me.

    My only concern is that the eldest, Michael, is 18 and very agressive, and I would like to safeguard Harry from his disruptive tenancies, might the court take this into consideration and allow my son to live with me rather than his dad and Ryan?

    What, given the context, might the court order?
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  • #2
    Re: Will my son stay with me or his dad?

    Hi redditto,
    It sounds like you are considering all the best options for your son, which is a really good thing. If you and your ex can sort the arrangements out between yourself through agreement then an Order can be approved by the Court, provided it is in the child's best interest.
    If the matter had to go to Court for them to make the decision, the Court looks at many factors all to do with the welfare of the children.
    As you can imagine if you are able to reach agreement that would be the best for all concerned.
    The sorts of things the Court would consider include:-
    The wishes and feeling of the child
    Physical, emotional and educational needs of the child
    Effects a change of circumstances will have on a child
    Harm the child has suffered or the risk of harm

    I hope this helps, but I would recommend getting some face to face legal advice if you and your ex are unable to reach agreement between yourselves. It could be worth obtaining an appointment sooner, maybe free half hour or reduced fee initial appointment, so that you know the sorts of things a Court would be looking at, when dealing with the financial aspects of the divorce and any child arrangements. You then have an idea what a Court is likely to approve in the event you can agree matters. Mediation is another option to try and bash out an agreement. It is expected that parents and divorcing couples attend mediation before issuing Court proceedings in any event.
    I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.





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