What should I be prepared for in a custody trial?

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What should I be prepared for in a custody trial?

I recently filed for divorce. My wife, 2 children and I live in the same house. I am trying to get custody to move to a different town with my son and then sell the house. My wife does not want to leave the house and does not wish for me to get custody of him. He wants to live with me.

Asked on July 22, 2011 Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your situation.  I think that it may be best to seek help from an attorney in your area on the matter.  If your wife will not agree to splitting up the children you have to find out how the courts in your area view the issue.  Your wife has equal rights to the house as you do and it appears anyway that you wish to leave the area.  That she can contest as it would deny her access to your son.  You have not indicated how old your son is and if he would be able to give the courts a valid reason to want to live with you rather than his mother and other sibling.  Not that a father could not obtain custody.  But splitting the children up like that may not be seen as favorable.  Get help. 


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