Continuity - Custody Can Depend on Who Currently Has the Child

Overview of Child's Continuity - for a Custody Decision

    This is the most important factor of all - continuity of the child's current situation.  Think about it:  if a child is in the same school for several years, has built up a group of friends, has lived in the

same home, and is involved in community activities - wouldn't it be disruptive to put the child into a new location and situation?  That is the reasoning that goes into considering the continuity factor.   

A Common Situation - Custody is Accidently Given Up

    We see many situations where the couple has separated in a friendly, cooperative manner.  One house or another becomes the place where the children stay during the week.  The same area is frequently chosen - to enroll or keep the children in school.  Then, some of these situations become not-so-friendly.  Unfortunately, the person in the home where the children have been spending most of their time becomes the defacto primary residential parent.  This is  a classic situation where one parent accidentally gives up their chances to see full custody (primary residential custody).

Another Common Situation - where Custody is Purposely Given Up

    Many living situations become uncomfortable when "divorce" is in the air.  There can be hostility, the threat of violence, interference with work, missing mail, unwelcome guests in the house, and a multitude of other problems.  Many spouses leave the house to escape these problems.  Even when these problems do not exist, many people still leave the home to start their own life.  When you spouse leaves and takes the children, the move has a major effect on your rights to custody.  If the children become entrenched in a new household, this will have the effect of establishing a new "continuity."  Again, a judge always prefers to extend the current situation of the children.

A Word of Advice About Custody

    A word of advice:  do not leave the marital home if you want custody of the children.  Stay in the house and remain involved with the children on a daily basis.  Be prepared to document your involvement.  Your documentation can be in the form of a personal diary or a calendar.  If you are the person leaving the home, take the children.  Establish them in a new school or new activities.  Document everything you do.

Child Custody Attorney

  The Divorce Center provides experienced divorce attorneys that can help with child custody in Tampa, Pinellas, Pasco, Hernando, and Hillsborough, Florida.  We have offices in Largo, Tampa, and New Port Richey, Florida.  Call us toll free at 1-888-469-3486.  Our managing partner, Howard Iken, is a child custody lawyer.  As an attorney practicing in divorce and family law, he can help will all areas of child custody.

If you are looking for divorce information you will find tons of free information on this website. Divorce Attorney Howard Iken personally created this website with a personal mission:  to help people at this critical moment in their lives and to make the process of divorce easier, more understandable, & less intimidating. CONTACT US NOW or call 888-469-3486