QUESTION

How can I guarantee that we have 50/50 custody? Who gets the apartment if my name is on the lease but she pays the rent?

Asked on Jul 18th, 2013 on Divorce - Michigan
More details to this question:
I served my wife divorce papers. We are currently living together during the interim and we have a 2 1/2 year old boy. She is an orthopedic surgeon and I'm a personal trainer with a company that took a dive to care for the home while she's off working and having her outside affair. She pays the rent. My name is not on the lease.
Report Abuse

4 ANSWERS

Medical Malpractice Attorney serving Clermont, FL at Joanna Mitchell & Associates, P.A.
Update Your Profile
A lot more information needs to be known in order to answer your questions. If you are in Florida, it is common for Father's to be awarded equal time, especially if you've been the primary caretaker recently. You really need to consult with an attorney in order to best determine your potential rights and options. It might even be possible, depending on the circumstances, that you might be entitled to alimony from your Wife.
Answered on Jul 19th, 2013 at 5:25 PM

Report Abuse
Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
Update Your Profile
You can't guarantee it. All you can do is show the court why you should have equal custody. You might almost be able to make the claim that you should have primary custody since she is working and you have been the primary care giver. Talk with your attorney about it.
Answered on Jul 19th, 2013 at 10:34 AM

Report Abuse
Divorce Attorney serving Bloomfield Hills, MI at Catchick Law, P.C.
Update Your Profile
Custody is determined by a Court looking at several different factors, generally referred to as the "best interest" factors. The applicable statute itemizing all the best interest factors is MCL 722.23. There are numerous factors a court will consider in determining who gets to stay in apartment after the case is over, one of the most important is who is in the best position to afford the rent.
Answered on Jul 19th, 2013 at 10:33 AM

Report Abuse
Dennis P. Mikko
There are no guarantees in a legal proceeding and divorce is no exception. If you and your wife cannot agree on a settlement of both child related issues and property issues, the court will ultimately decide. You would be well advised to seek the assistance of an attorney to help you through this process.
Answered on Jul 19th, 2013 at 10:33 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters