After the divorce, will my children live with me, or my ex?
One of the most important parts of your Parent Plan will focus on the primary residence of your children. Simply put, your Parent Plan will outline where your children live for most of the time, and which parent will care for them on an almost full-time basis.
But how will the primary residence be chosen? Here are a few guidelines:
- Your first priority, and the courts, will naturally always rest on the best interests of your children. For that reason, your respective homes, abilities and willingness to care for your children on a more permanent basis will need to be considered.
- Both parent’s individual relationships with their children are also of prime importance.
- The parent who provides day-to-day care of the children, including feeding, bathing and other tasks, is normally the one where routines have been established. Wherever possible, during and after a divorce, it is important to keep your children’s routines, schools and established relationships the same.
- Children should be given an opportunity, once they are of the appropriate age and maturity, to express their desires in terms of where they will live. This can sometimes cause conflict between parents but it is an important part of the decision making process.
Choosing a primary residence for your children after a divorce is a decision that requires deep consideration. Setting up a good parent plan is crucial.
Need help with a parent plan?
Simon Dippenaar & Associates Inc. is a law firm in Cape Town and Gauteng with specialists divorce attorneys and family lawyers, Let our team help you and your family to make an adequate parent plan. Contact us now.
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- Moving with children post-divorce? What you need to know.
- Child care and contact after divorce
- Parental Alienation
The information on this website is provided to assist the reader with a general understanding of the law. While we believe the information to be factually accurate, and have taken care in our preparation of these pages, these articles cannot and do not take individual circumstances into account and are not a substitute for personal legal advice. If you have a legal matter that concerns you, please consult a qualified attorney. Simon Dippenaar & Associates takes no responsibility for any action you may take as a result of reading the information contained herein (or the consequences thereof), in the absence of professional legal advice.