How to Stay in the Marital Home to Get 50/50 Custody While Getting a Divorce

Recently, I talked about my #1 rule for getting 50/50 custody of your kids.

That rule was: stay in the marital home with your kids.

Nothing helps secure 50/50 custody more than being around your kids and parenting them every day, especially through the divorce process.

Of course, for some staying in the home when you’ve decided to divorce is really awkward and difficult.

Most of the time, your ex will ask you to move out when you decide to divorce. He or she has had it and doesn’t want you in the same house anymore.

So, how do you stay in the home when your spouse wants you out?

Here are some tips.

  1. Be strong and stay the course.

Staying in the home when your spouse wants you out will be uncomfortable. He or she will yell at you, berate you, call you names, and be on you like white on rice to get out.

Don’t give in. You want 50/50 with your kids because it’s the best thing for them. Be strong. Stay the course. Think of your kids and don’t leave the home.

  1. If your spouse changes the locks, get a locksmith.

Often when you don’t leave, your spouse will change the locks to keep you out. It’s still your house and you have every right to be there, so go get a locksmith and get back in your home. The locksmith may want a police officer present when he’s picking the lock, and that’s fine. Explain the situation to officer and you’ll be fine.

  1. Don’t worry if your spouse calls the police to have you removed from your house.

Even more often than changing the locks, spouses will call the police and try to have you removed from the home simply because your spouse doesn’t want you there anymore.

Don’t worry. The police won’t remove you from the home. Tell them you’re going through a divorce and asking for 50/50 custody, so you won’t leave. If no crime has been committed, they’ll tell you to have a good day and walk away.

Call Brown Family Law

If you find yourself facing a Utah divorce or paternity situation, please call 801.685.9999 for an in-person consultation, or use our online scheduling tool.

Published On: December 19th, 2019Categories: Child CustodyComments Off on How to Stay in the Marital Home to Get 50/50 Custody While Getting a Divorce
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About the Author: Marco Brown
Marco C. Brown was named Utah’s Outstanding Family Law Lawyer of the Year in 2015. He graduated with distinction from the University of Nebraska College of Law in 2007 and is currently the managing partner of Brown Family Law, LLC.
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